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General Assembly Governor's Bill No. 888
January Session, 2021
LCO No. 3311
Referred to Committee on JUDICIARY
Introduced by:
Request of the Governor Pursuant
to Joint Rule 9
AN ACT RESPONSIBLY A ND EQUITABLY REGULATING ADULT -USE
CANNABIS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) As used in this section, 1
sections 3 and 4 of this act, sections 6 to 10, inclusive, of this act, sections 2
12 to 45, inclusive, of this act, sections 47 to 52, inclusive, of this act, 3
sections 58 to 61, inclusive, of this act, sections 65 to 68, inclusive, of this 4
act, sections 74 to 76, inclusive, of this act and sections 78 to 89, inclusive, 5
of this act, unless the context otherwise requires: 6
(1) "Backer" means any person with a direct or indirect financial 7
interest in a cannabis establishment. "Backer" does not include a person 8
with an investment interest in a cannabis establishment, provided the 9
interest held by such person and such person's coworkers, employees, 10
spouse, parent or child, in the aggregate, does not exceed five per cent 11
of the total ownership or interest rights in such cannabis establishment 12
and such person does not participate directly or indirectly in the control, 13
management or operation of the cannabis establishment; 14
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(2) "Cannabis" means marijuana, as defined in section 21a-240 of the 15
general statutes; 16
(3) "Cannabis establishment" means a producer, dispensary facility, 17
cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 18
manufacturer, product manufacturer, product packager and delivery 19
service; 20
(4) "Cannabis flower" means the flower, including abnormal and 21
immature flowers, of a plant of the genus cannabis that has been 22
harvested, dried and cured, and prior to any processing whereby the 23
flower material is transformed into a cannabis product. "Cannabis 24
flower" does not include (A) the leaves or stem of such plant, or (B) 25
industrial hemp, as defined in 7 USC 5940, as amended from time to 26
time; 27
(5) "Cannabis trim" means all parts, including abnormal and 28
immature flowers, of a plant of the genus cannabis, other than cannabis 29
flowers, that have been harvested, dried and cured, and prior to any 30
processing whereby the plant material is transformed into a cannabis 31
product. "Cannabis trim" does not include hemp, as defined in section 32
22-61l of the general statutes; 33
(6) "Cannabis product" means a cannabis concentrate or a product 34
that contains cannabis, which may be combined with other ingredients, 35
and is intended for use or consumption. Cannabis product does not 36
include the raw cannabis plant; 37
(7) "Cannabis concentrate" means any form of concentration, 38
including, but not limited to, extracts, oils, tinctures, shatter and waxes, 39
that is extracted from cannabis or a cannabis product; 40
(8) "Commissioner" means the Commissioner of Consumer 41
Protection; 42
(9) "Consumer" means an individual who is twenty-one years of age 43
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or older; 44
(10) "Cultivation" has the same meaning as provided in section 21a-45
408 of the general statutes; 46
(11) "Cultivator" means a person engaged in the cultivation, growing 47
and propagation of the cannabis plant at an establishment with not less 48
than fifteen thousand square feet of grow space; 49
(12) "Delivery service" means a person that is licensed to transport 50
cannabis and cannabis product between cannabis establishments and 51
from micro-cultivators, retailers, dispensary facilities and hybrid 52
retailers to consumers, qualifying patients, caregivers and research 53
program subjects, as defined in section 21a-408 of the general statutes; 54
(13) "Department" means the Department of Consumer Protection; 55
(14) "Dispensary facility" has the same meaning as provided in 56
section 21a-408-1 of the regulations of Connecticut state agencies; 57
(15) "Disqualifying conviction" means a conviction within the last ten 58
years which has not been the subject of an absolute pardon under the 59
provisions of section 54-130a of the general statutes, or an equivalent 60
pardon process under the laws of another state or the federal 61
government, for an offense under (A) section 53a-276, 53a-277 or 53a-62
278 of the general statutes; (B) section 53a-291, 53a-292 or 53a-293 of the 63
general statutes; (C) section 53a-215 of the general statutes; (D) section 64
53a-138 or 53a-139 of the general statutes; (E) section 53a-142a of the 65
general statutes; (F) sections 53a-147 to 53a-162, inclusive, of the general 66
statutes; (G) sections 53a-125c to 53a-125f, inclusive, of the general 67
statutes; (H) section 53a-129b, 53a-129c or 53a-129d of the general 68
statutes; (I) subsection (b) of section 12-737 of the general statutes; (J) 69
section 53a-48 or 53a-49 of the general statutes, if the offense which is 70
attempted or is an object of the conspiracy is an offense under the 71
statutes listed in subparagraphs (A) to (I), inclusive, of this subdivision; 72
or (K) the law of any other state or of the federal government, if the 73
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offense on which such conviction is based is defined by elements that 74
substantially include the elements of an offense under the statutes listed 75
in subparagraphs (A) to (J), inclusive, of this subdivision; 76
(16) "Dispensary technician" means an individual who has had an 77
active pharmacy technician registration in Connecticut within the past 78
five years, is affiliated with a licensed dispensary and is registered with 79
the department in accordance with chapter 420f of the general statutes 80
and any regulations promulgated thereunder; 81
(17) "Employee" means any person who is not a backer or key 82
employee, but is a member of the board of a company with an 83
ownership interest in a cannabis establishment, and any person 84
employed by a cannabis establishment or who otherwise has access to 85
such establishment or the vehicles used to transport cannabis or 86
cannabis products, including, but not limited to, an independent 87
contractor who has routine access to the premises of such establishment 88
or to the cannabis or cannabis products handled by such establishment; 89
(18) "Extract" means the preparation, compounding, conversion or 90
processing of cannabis, either directly or indirectly by extraction or 91
independently by means of chemical synthesis, or by a combination of 92
extraction and chemical synthesis to produce a cannabis concentrate; 93
(19) "Food and beverage manufacturer" means a person, excluding a 94
producer, whose license permits them to own and operate a place of 95
business that acquires cannabis and creates food and beverages; 96
(20) "Grow space" means the portion of a premises owned and 97
controlled by a producer, cultivator or micro-cultivator that is utilized 98
for the cultivation, growing or propagation of the cannabis plant. Grow 99
space does not include space used to cure, process, store harvested 100
cannabis or manufacture cannabis once the cannabis has been 101
harvested; 102
(21) "Hybrid retailer" means a person that is licensed to purchase 103
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cannabis and sell cannabis, cannabis products and medical marijuana 104
products; 105
(22) "Key employee" means an individual with the following 106
management position or an equivalent title within a cannabis 107
establishment: (A) President or chief officer, who is the top ranking 108
individual at the cannabis establishment and is responsible for all staff 109
and overall direction of business operations; (B) financial manager, who 110
is the individual that reports to the president or chief officer who is 111
generally responsible for oversight of the financial operations of the 112
cannabis licensee, including, but not limited to, revenue generation, 113
distributions, tax compliance and budget implementation; or (C) 114
compliance manager, who is the individual that reports to the president 115
or chief officer and who is generally responsible for ensuring the 116
cannabis establishment complies with all laws, regulations and 117
requirements related to the operation of the business establishment; 118
(23) "Laboratory" has the same meaning as provided in section 21a-119
408 of the general statutes; 120
(24) "Laboratory employee" means an individual who is registered as 121
a laboratory employee pursuant to section 21a-408r of the general 122
statutes; 123
(25) "Manufacture" means to add or incorporate cannabis into other 124
products or ingredients or create a cannabis product; 125
(26) "Medical marijuana products" means products that may be 126
exclusively sold to qualifying patients and caregivers at dispensary 127
facilities and hybrid retailers which shall be designated by the 128
commissioner as reserved for sale to qualifying patients and caregivers 129
and published on the department's Internet web site; 130
(27) "Micro-cultivator" means a person engaged in the cultivation, 131
growing and propagation of the cannabis plant at an establishment 132
containing not less than two thousand square feet and not more than 133
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five thousand square feet of grow space, prior to any expansion 134
authorized by the commissioner; 135
(28) "Municipality" means any town, city or borough, consolidated 136
town and city or consolidated town and borough; 137
(29) "Paraphernalia" means drug paraphernalia, as defined in section 138
21a-240 of the general statutes; 139
(30) "Person" means every individual, partnership, limited liability 140
company, society, association, joint stock company, corporation, estate, 141
receiver, trustee, assignee, referee or any other legal entity and any other 142
person acting in a fiduciary or representative capacity, whether 143
appointed by a court or otherwise, and any combination thereof; 144
(31) "Producer" means a person who is licensed as a producer 145
pursuant to section 21a-408i of the general statutes and any regulations 146
promulgated thereunder; 147
(32) "Product manufacturer" means a person, excluding a producer, 148
that is licensed to obtain cannabis, extract and manufacture products 149
exclusive to such license type and who may sell or transfer cannabis and 150
cannabis products to laboratories, research programs and cannabis 151
establishments; 152
(33) "Product packager" means a person that is licensed to package 153
and label cannabis and cannabis products; 154
(34) "Qualifying patient" has the same meaning as provided in section 155
21a-408 of the general statutes; 156
(35) "Research program" has the same meaning as provided in section 157
21a-408 of the general statutes; 158
(36) "Retailer" means a person, excluding a dispensary facility and 159
hybrid retailer, that is licensed to purchase cannabis and cannabis 160
products from producers, cultivators, micro-cultivators, product 161
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manufacturers and food and beverage manufacturers and to sell 162
cannabis and cannabis products to consumers and research programs; 163
(37) "Sale" or "sell" has the same meaning as provided in section 21a-164
240 of the general statutes; 165
(38) "THC" means tetrahydrocannabinol and any material, 166
compound, mixture or preparation which contain their salts, isomers 167
and salts of isomers, whenever the existence of such salts, isomers and 168
salts of isomers is possible within the specific chemical designation, 169
regardless of the source, except: (A) dronabinol in sesame oil and 170
encapsulated in a soft gelatin capsule in a federal Food and Drug 171
Administration approved product, and (B) any tetrahydrocannabinol 172
product that has been approved by the federal Food and Drug 173
Administration or successor agency to have a medical use and 174
reclassified in any schedule of controlled substances or unscheduled by 175
the federal Drug Enforcement Administration or successor agency; and 176
(39) "Third-party lottery operator" means a person that conducts the 177
initial selection of cannabis establishment applicants from the lottery 178
pursuant to section 26 of this act and that has no direct or indirect 179
oversight of or investment in a cannabis establishment. 180
Sec. 2. Subsection (a) of section 21a-279 of the general statutes is 181
repealed and the following is substituted in lieu thereof (Effective January 182
1, 2022): 183
(a) (1) Any person who possesses or has under such person's control 184
any quantity of any controlled substance, except [less than one-half 185
ounce of a cannabis-type substance] any quantity of cannabis or 186
cannabis product, as defined by section 1 of this act, and except as 187
authorized in this chapter, shall be guilty of a class A misdemeanor. 188
(2) For a second offense of subdivision (1) of this subsection, the court 189
shall evaluate such person and, if the court determines such person is a 190
drug-dependent person, the court may suspend prosecution of such 191
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person and order such person to undergo a substance abuse treatment 192
program. 193
(3) For any subsequent offense of subdivision (1) of this subsection, 194
the court may find such person to be a persistent offender for possession 195
of a controlled substance in accordance with section 53a-40. 196
Sec. 3. Section 21a-279a of the general statutes is repealed and the 197
following is substituted in lieu thereof (Effective January 1, 2022): 198
(a) Any person twenty-one years of age or older may possess, use and 199
otherwise consume cannabis and cannabis products, provided the 200
amount of all such cannabis, including the amount contained in any 201
cannabis product, does not exceed such consumer's possession limit of 202
(1) one and one-half ounces of cannabis plant material, (2) an equivalent 203
amount of cannabis product, as provided in subsection (g) of this 204
section, or (3) an equivalent amount of a combination of cannabis and 205
cannabis product, as provided in subsection (g) of this section. 206
[(a)] (b) Any person under twenty-one years of age who possesses or 207
has under [his] such person's control less than [one-half ounce of a 208
cannabis-type substance, as defined in section 21a-240] (1) two and one-209
half ounces of cannabis plant material, (2) an equivalent amount of 210
cannabis product, as provided in subsection (g) of this section, or (3) an 211
equivalent amount of a combination of cannabis and cannabis product, 212
as provided in subsection (g) of this section, except as authorized in this 213
chapter or chapter 420f, shall [(1)] (A) for a first offense, be fined one 214
hundred fifty dollars, and [(2)] (B) for a subsequent offense, be fined not 215
less than two hundred dollars or more than five hundred dollars. 216
(c) Any person twenty-one years of age or older who possesses or has 217
under such person's control more than the possession limit pursuant to 218
subsection (a) of this section, but less than (1) two and one-half ounces 219
of cannabis plant material, (2) an equivalent amount of cannabis 220
product, as provided in subsection (g) of this section, or (3) an 221
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equivalent amount of a combination of cannabis and cannabis product, 222
as provided in subsection (g) of this section, except as authorized in this 223
chapter or chapter 420f, shall (A) for a first offense, be fined one hundred 224
fifty dollars, and (B) for a subsequent offense, be fined not less than two 225
hundred dollars or more than five hundred dollars. 226
(d) (1) Any person who possesses or has under such person's control 227
(A) two and one-half ounces or more of cannabis plant material, (B) an 228
equivalent amount of cannabis product, as provided in subsection (g) of 229
this section, or (C) an equivalent amount of a combination of cannabis 230
and cannabis product, as provided in subsection (g) of this section, 231
except as authorized in this chapter, chapter 420f or sections 18 to 29, 232
inclusive, of this act, sections 31 to 33, inclusive, of this act or section 233
21a-408t, as amended by this act, shall (i) for a first offense, be fined five 234
hundred dollars, and (ii) for a subsequent offense, be guilty of a class C 235
misdemeanor. 236
(2) For an offense under subdivision (1) of this subsection, the court 237
shall evaluate such person and, if the court determines such person is a 238
drug-dependent person, the court may suspend prosecution of such 239
person and order such person to undergo a substance abuse treatment 240
program. 241
[(b)] (e) The law enforcement officer issuing a complaint for a 242
violation of subsection [(a)] (b), (c) or (d) of this section shall seize the 243
[cannabis-type substance] cannabis or cannabis product and cause such 244
substance to be destroyed as contraband in accordance with law. 245
[(c)] (f) Any person who, at separate times, has twice entered a plea 246
of nolo contendere to, or been found guilty after trial of, a violation of 247
subsection [(a)] (b), (c) or (d) of this section shall, upon a subsequent plea 248
of nolo contendere to, or finding of guilty of, a violation of said 249
subsection, be referred for participation in a drug education program at 250
such person's own expense. 251
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(g) (1) For purposes of any possession limit specified in this section 252
and sections 10 and 13 of this act and section 21a-408b, as amended by 253
this act, one ounce of cannabis plant material shall be considered 254
equivalent to (A) five grams of cannabis concentrate or such other 255
amount of cannabis concentrate as specified in regulations adopted 256
pursuant to subdivision (5) of this subsection, or (B) any other cannabis 257
product or products with up to five hundred milligrams of THC or such 258
other cannabis product or products with levels of THC as specified in 259
regulations adopted pursuant to subdivision (5) of this subsection. 260
(2) For purposes of subsection (a) of this section, one and one-half 261
ounces of cannabis plant material shall be considered equivalent to (A) 262
seven and one-half grams of cannabis concentrate or such other amount 263
of cannabis concentrate as specified pursuant to subdivision (5) of this 264
subsection, or (B) any other cannabis product or products with up to 265
seven hundred fifty milligrams of THC or such other cannabis product 266
or products with levels of THC as specified in regulations adopted 267
pursuant to subdivision (5) of this subsection. 268
(3) For purposes of subsection (b), (c) or (d) of this section, two and 269
one-half ounces of cannabis plant material shall be considered 270
equivalent to (A) twelve and one-half grams of cannabis concentrate or 271
such other amount of cannabis concentrate as specified pursuant to 272
subdivision (5) of this subsection, or (B) any other cannabis product or 273
products with up to one thousand two hundred fifty milligrams of THC 274
or such other cannabis product or products with levels of THC as 275
specified in regulations adopted pursuant to subdivision (5) of this 276
subsection. 277
(4) For purposes of any possession limit specified in this section and 278
sections 10 and 13 of this act and section 21a-408b, as amended by this 279
act, the amount possessed shall be calculated by converting any 280
quantity of cannabis product to its equivalent quantity of cannabis plant 281
material, and then taking the sum of any such quantities. 282
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(5) The Commissioner of Co nsumer Protection may adopt 283
regulations in accordance with the provisions of chapter 54 of the 284
general statutes, that (A) further specify quantities of cannabis product 285
equivalent to one ounce of cannabis plant material, or (B) specify, when 286
cannabis and cannabis products are possessed in combination, 287
permissible ratios and associated permissible amounts of various 288
combinations of cannabis and cannabis product. 289
(h) (1) As used in this section, "cannabis", "cannabis flower", 290
"cannabis trim", "cannabis concentrate" and "cannabis product" have the 291
same meanings as provided in section 1 of this act. 292
(2) As used in this section, "cannabis plant material" means cannabis 293
flower, cannabis trim and all parts of any plant or species of the genus 294
cannabis, or any infra specific taxon thereof, excluding a growing plant, 295
and the seeds thereof. "Cannabis plant material" does not include 296
industrial hemp, as defined in 7 USC 5940, as amended from time to 297
time. 298
Sec. 4. Section 54-142d of the general statutes is repealed and the 299
following is substituted in lieu thereof (Effective July 1, 2022): 300
(a) Whenever any person has been convicted of an offense in any 301
court in this state and such offense has been decriminalized subsequent 302
to the date of such conviction, such person may file a petition with the 303
[superior court] Superior Court at the location in which such conviction 304
was effected, or with the [superior court] Superior Court at the location 305
having custody of the records of such conviction or [with the records 306
center of the Judicial Department] if such conviction was in the Court of 307
Common Pleas, Circuit Court, municipal court or by a trial justice in the 308
Superior Court where venue would exist for criminal prosecution, for 309
an order of erasure, and the Superior Court [or records center of the 310
Judicial Department] shall direct all police and court records and 311
records of the state's or prosecuting attorney pertaining to such [case] 312
offense to be physically destroyed. 313
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(b) Any person who has been convicted on October 1, 2015, or 314
thereafter, in any court in this state of a violation of section 21a-279, as 315
amended by this act, for possession of a cannabis-type substance and 316
the amount possessed was less than or equal to four ounces of such 317
substance, may file a petition with the Superior Court at the location in 318
which such conviction was effected, or with the Superior Court at the 319
location having custody of the records of such conviction or if such 320
conviction was in the Court of Common Pleas, Circuit Court, municipal 321
court or by a trial justice, in the Superior Court where venue would 322
currently exist for criminal prosecution, for an order of erasure. As part 323
of such petition, such person shall include a copy of the arrest record or 324
an affidavit supporting such person's petition that such person 325
possessed four ounces or less of a cannabis-type substance for which 326
such person was convicted. If such petition is in order, the Superior 327
Court shall direct all police and court records and records of the state's 328
or prosecuting attorney pertaining to such offense to be erased. No fee 329
may be charged in any court with respect to any petition under this 330
subsection. 331
(c) The provisions of this section shall not apply to any police or court 332
records or records of the state's or prosecuting attorney pertaining to 333
such offense (1) while the criminal case is pending, or (2) in instances 334
where the case contains more than one count, until the records 335
pertaining to all counts are entitled to destruction or erasure. If the 336
records pertaining to all counts are not entitled to destruction, the court 337
shall direct the records of any offenses that would otherwise be entitled 338
to destruction pursuant to this section to be erased pursuant to section 339
54-142a, as amended by this act. 340
Sec. 5. (NEW) (Effective July 1, 2022) (a) Whenever prior to October 1, 341
2015, any person has been convicted in any court of this state of 342
possession under subsection (c) of section 21a-279 of the general 343
statutes, all police and court records and records of the state's or 344
prosecuting attorney pertaining to such a conviction in any court of this 345
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state shall be (1) erased, if such records are electronic records; or (2) 346
deemed erased by operation of law, if such records are not electronic 347
records. 348
(b) The provisions of this section shall not apply to any police or court 349
records or the records of any state's attorney or prosecuting attorney 350
with respect to any record referencing more than one count unless and 351
until all counts are entitled to erasure in accordance with the provisions 352
of this section, except that electronic records or portions of electronic 353
records released to the public that reference a charge that would 354
otherwise be entitled to erasure under this section shall be erased in 355
accordance with the provisions of this section. 356
(c) Nothing in this section shall limit any other procedure for erasure 357
of criminal history record information, as defined in section 54-142g of 358
the general statutes, or prohibit a person from participating in any such 359
procedure, even if such person's electronic criminal history record 360
information has been erased pursuant to this section. 361
(d) For the purposes of this section, "electronic record" means any 362
police or court record or record of any state's attorney or prosecuting 363
attorney that is an electronic record, as defined in section 1-267 of the 364
general statutes, other than a scanned copy of a physical document. 365
(e) Nothing in this section shall be construed to require the redaction 366
of records held internally by the Department of Correction. 367
Sec. 6. (NEW) (Effective January 1, 2022) Notwithstanding any 368
provision of the general statutes, no cannabis establishment, cannabis 369
employee, or backer of a cannabis establishment may be subject to arrest 370
or prosecution, penalized in any manner, including, but not limited to, 371
being subject to any civil penalty, or denied any right or privilege, 372
including, but not limited to, being subject to any disciplinary action by 373
a professional licensing board, for the acquisition, distribution, 374
possession, use or transportation of cannabis or paraphernalia related to 375
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cannabis in his or her capacity as a cannabis establishment, cannabis 376
employee, or backer so long as such person's activity is in accordance 377
with the laws and regulations for such person's license or registration 378
type set forth in section 21a-243 of the general statutes, as amended by 379
this act, section 21a-279a of the general statutes, as amended by this act, 380
section 21a-408t of the general statutes, as amended by this act, sections 381
18 to 29, inclusive, of this act, sections 31 to 35, inclusive, of this act or 382
section 41 of this act. 383
Sec. 7. (NEW) (Effective January 1, 2022) Except when required by 384
federal law, an agreement between the federal government and the 385
state, or because of a substantial risk to public health or safety, no state 386
entity shall deny a professional license because of an individual's: (1) 387
Employment or affiliation with a cannabis establishment; (2) possession 388
or use of cannabis that is legal under section 21a-279a of the general 389
statutes, as amended by this act, or chapter 420f of the general statutes, 390
as amended by this act; or (3) cannabis use or possession conviction for 391
an amount less than four ounces. 392
Sec. 8. (NEW) (Effective January 1, 2022) Any drug paraphernalia or 393
other property relating to cannabis or cannabis product held by the 394
Commissioner of Consumer Protection pursuant to section 21a-263 of 395
the general statutes, a law enforcement agency, or court official that was 396
seized from a consumer in connection with suspected possession or 397
control of cannabis or cannabis product in violation of the provisions of 398
subsection (a) of section 21a-279a of the general statutes, as amended by 399
this act, shall be returned to the consumer immediately upon a 400
determination that such consumer did not possess or have under his or 401
her control cannabis or cannabis product in violation of subsection (a) 402
of section 21a-279a of the general statutes, as amended by this act, as 403
evidenced by a decision not to prosecute or a dismissal of charges, an 404
acquittal or any other final determination by a court that such consumer 405
was not in violation of subsection (a) of section 21a-279a of the general 406
statutes, as amended by this act. 407
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Sec. 9. (NEW) (Effective January 1, 2022) Notwithstanding any 408
provision of chapter 420b of the general statutes, a consumer may 409
manufacture, possess or purchase paraphernalia related to cannabis or 410
distribute or sell paraphernalia related to cannabis to another consumer. 411
Sec. 10. (NEW) (Effective January 1, 2022) Any consumer may give 412
cannabis or cannabis products to another consumer, without 413
compensation, provided such other consumer may possess such 414
cannabis or cannabis products without exceeding the possession limit 415
pursuant to subsection (a) of section 21a-279a of the general statutes, as 416
amended by this act. 417
Sec. 11. Subsection (b) of section 21a-277 of the general statutes is 418
repealed and the following is substituted in lieu thereof (Effective January 419
1, 2022): 420
(b) (1) No person may manufacture, distribute, sell, prescribe, 421
dispense, compound, transport with the intent to sell or dispense, 422
possess with the intent to sell or dispense, offer, give or administer to 423
another person, except as authorized in this chapter or chapter 420f, any 424
controlled substance other than a (A) narcotic substance, or (B) 425
hallucinogenic substance. 426
(2) [Any] Except as provided in subdivision (3) or (4) of this 427
subsection, any person who violates subdivision (1) of this subsection 428
(A) for a first offense, may be fined not more than twenty-five thousand 429
dollars or imprisoned not more than seven years, or be both fined and 430
imprisoned, and (B) for any subsequent offense, may be fined not more 431
than one hundred thousand dollars or imprisoned not more than fifteen 432
years, or be both fined and imprisoned. 433
(3) Any person who violates subdivision (1) of this subsection by 434
growing up to six cannabis plants in such person's own residence for 435
personal use (A) for a first offense, shall be guilty of a class C 436
misdemeanor, and (B) for a second offense, shall be guilty of a class A 437
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misdemeanor. 438
(4) Any person who violates subdivision (1) of this subsection by 439
growing up to six cannabis plants outside such person's own residence 440
for personal use (A) for a first offense, shall be guilty of a class A 441
misdemeanor, and (B) for a second offense, shall be guilty of a class E 442
felony. 443
(5) For purposes of this subsection, "cannabis" has the same meaning 444
as provided in section 1 of this act. 445
Sec. 12. (NEW) (Effective January 1, 2022) (a) Use or possession of 446
cannabis or cannabis products by a person that does not violate section 447
21a-279 or section 21a-279a of the general statutes or chapter 420f of the 448
general statutes, as amended by this act, shall not be grounds for 449
revocation of such person's parole, special parole or probation. 450
(b) Notwithstanding the provisions of subsection (a) of this section, if 451
a person's conditions of parole, special parole or probation include a 452
finding that such person is a drug-dependent person and a condition 453
that such person not use or possess cannabis or cannabis products, use 454
or possession of cannabis or cannabis products may be grounds for 455
revocation of parole, special parole or probation. 456
Sec. 13. (NEW) (Effective January 1, 2022) (a) Except as provided in 457
subsection (c) of this section, the existence of any of the following 458
circumstances shall not constitute in part or in whole probable cause or 459
reasonable suspicion and shall not be used as a basis to support any stop 460
or search of a person or motor vehicle: 461
(1) The odor of cannabis or burnt cannabis; 462
(2) The possession of or the suspicion of possession of cannabis or 463
cannabis product without evidence that (A) the person in possession or 464
under suspicion of possession of cannabis or cannabis product is under 465
twenty-one years of age, or (B) the quantity of cannabis or cannabis 466
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product is or suspected to be in excess of the possession limit pursuant 467
to section 21a-279a of the general statutes, as amended by this act; or 468
(3) The presence of cash or currency in proximity to cannabis or 469
cannabis product without evidence that such cash or currency exceeds 470
one hundred dollars. 471
(b) Any evidence discovered as a result of any stop or search 472
conducted in violation of this section shall not be admissible in evidence 473
in any trial, hearing or other proceeding in a court of this state. 474
(c) A law enforcement official may conduct a test for impairment 475
based on the odor of cannabis or burnt cannabis if such official 476
reasonably suspects the operator or a passenger of a motor vehicle of 477
violating section 14-227, 14-227a, 14-227m or 14-227n of the general 478
statutes. 479
Sec. 14. (NEW) (Effective October 1, 2021) Any person who knowingly 480
feeds or recklessly provides cannabis or a cannabis product to a 481
domesticated animal, or knowingly or recklessly makes such product 482
available to a domesticated animal through criminal negligence, shall be 483
guilty of a class C misdemeanor. 484
Sec. 15. (NEW) (Effective from passage) (a) There is established a 485
Cannabis Equity Commission, which shall be administered by the Office 486
of Policy and Management. 487
(b) The commission shall consist of eleven members appointed as 488
follows: 489
(1) Two appointed by the Governor who shall have a professional 490
background of not less than five years working in the field of either 491
social justice or civil rights; 492
(2) One appointed by the Governor who shall have a professional 493
background of not less than five years working in the field of economic 494
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development; 495
(3) One appointed by the Governor who shall have a professional 496
background of not less than five years in providing access to capital to 497
minorities, as defined in section 32-9n of the general statutes; 498
(4) One appointed by the Black and Puerto Rican Caucus of the 499
General Assembly; 500
(5) Two appointed by the Governor from communities that have been 501
disproportionately harmed by cannabis prohibition and enforcement; 502
(6) The Commissioner of Consumer Protection, or the commissioner's 503
designee; 504
(7) The Commissioner of Economic and Community Development, 505
or the commissioner's designee; 506
(8) The Commissioner of Revenue Services, or the commissioner's 507
designee; and 508
(9) The Secretary of the Office of Policy and Management, or the 509
secretary's designee. 510
(c) The commission shall terminate upon the establishment of another 511
entity authorized by the General Assembly, in consideration of the 512
recommendation of the Cannabis Equity Commission made pursuant to 513
subdivision (9) of subsection (c) of section 16 of this act. 514
(d) The Governor shall make all appointments not later than thirty 515
days after the effective date of this section and shall appoint the 516
chairperson of the commission. 517
(e) The Governor shall fill any vacancy for the unexpired term. Each 518
commissioner shall take the oath prescribed for executive officers. 519
(f) A majority of the members of the commission shall constitute a 520
quorum for the transaction of any business. 521
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(g) The members of the commission shall serve without 522
compensation, but shall, within available appropriations, be reimbursed 523
for expenses necessarily incurred in the performance of their duties. 524
(h) In making the appointments in subsection (b) of this section, the 525
Governor shall use his or her best efforts to make appointments that 526
reflect the racial, gender and geographic diversity of the population of 527
the state. 528
Sec. 16. (NEW) (Effective from passage) (a) The commission established 529
pursuant to section 15 of this act shall promote and encourage full 530
participation in the cannabis industry by persons from communities 531
that have been disproportionately harmed by cannabis prohibition and 532
enforcement. 533
(b) The commission established pursuant to section 15 of this act shall 534
oversee a study conducted by an independent third party to analyze 535
how to (1) target a portion of revenue to communities that have been 536
disproportionately harmed by cannabis prohibition and enforcement, 537
and (2) create licensure programs to ensure that members of 538
communities that have been disproportionately harmed by cannabis 539
prohibition and enforcement are provided equal access to licenses for 540
cannabis establishments. 541
(c) Not later than November 15, 2021, the commission shall, taking 542
into account the results of the study conducted in accordance with 543
subsection (a) of this section, make written recommendations, in 544
accordance with the provisions of section 11-4a of the general statutes, 545
to the Governor and the joint standing committees of the General 546
Assembly having cognizance of matters relating to finance, revenue and 547
bonding, consumer protection, the judiciary and public health 548
regarding legislation to implement the provisions of this act. The 549
commission shall make recommendations regarding: 550
(1) The distribution of a portion of tax revenues to support residents 551
in communities that have been disproportionately harmed by cannabis 552
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prohibition and enforcement as further defined by the study described 553
in subsection (a) of this section; 554
(2) The distribution of a portion of the tax revenues to support 555
prevention and recovery programs; 556
(3) Establishing the specific qualifications for equity applicant status 557
for potential owners of cannabis establishments based on the study 558
described in subsection (a) of this section; 559
(4) Providing for expedited or priority license processing for each 560
class of license established pursuant to this act for equity applicants; 561
(5) Requiring that any cannabis establishment licensed on or after 562
January 1, 2022, that is not owned by an equity applicant comply with 563
an approved plan to reinvest or provide employment and training 564
opportunities in disproportionately impacted census tract areas or in 565
communities disproportionately impacted by high rates of drug-related 566
arrests, marijuana sale arrests or marijuana possession arrests. For any 567
licenses issued prior to the termination of the commission, the 568
commission shall approve and certify to the Commissioner of 569
Consumer Protection that the applicant has such plan; 570
(6) Establishing a lower fee structure for equity applicants; 571
(7) Requiring that any cannabis establishment owned by an equity 572
applicant shall be not less than a specified per cent, owned and 573
controlled by one or more equity applicants, whose primary addresses 574
have been in this state for the past five years and who manage the day-575
to-day operations and make long-term decisions for the business; 576
(8) Establishing a process to best ensure that equity applicants have 577
access to the capital and training needed to own and operate a cannabis 578
establishment; and 579
(9) Establishing the entity that shall be responsible for implementing 580
and regulating the equity program established in accordance with these 581
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recommendations. 582
Sec. 17. (NEW) (Effective July 1, 2021) Any person shall be eighteen 583
years of age or older to: (1) Hold any cannabis establishment license 584
issued pursuant to this act; (2) be a backer or key employee of a cannabis 585
establishment that is licensed pursuant to this act; (3) be an employee of 586
a cannabis establishment that is licensed pursuant to this act; or (4) be 587
employed by a cannabis establishment or a licensee pursuant to chapter 588
420f of the general statutes. 589
Sec. 18. (NEW) (Effective July 1, 2021) (a) No agency or political 590
subdivision of the state may rely on a violation of federal law related to 591
cannabis as the sole basis for taking an adverse action against a person. 592
(b) It is the public policy of this state that contracts related to the 593
operation of a cannabis establishment licensed in accordance with this 594
section are enforceable. 595
(c) It is the public policy of this state that no contract entered into by 596
a licensed cannabis establishment or its agents as authorized in 597
accordance with a valid license, or by those who allow property to be 598
used by a cannabis establishment, its employees, or its agents as 599
authorized in accordance with a valid license, shall be unenforceable on 600
the basis that cultivating, obtaining, manufacturing, distributing, 601
dispensing, transporting, selling, possessing or using cannabis is 602
prohibited by federal law. 603
(d) No law enforcement officer employed by an agency that receives 604
state or local government funds shall expend state or local resources, 605
including the officer's time, to effect any arrest or seizure of cannabis, or 606
conduct any investigation, on the sole basis of activity the officer 607
believes to constitute a violation of federal law if the officer has reason 608
to believe that such activity is in compliance with this subtitle. 609
(e) An officer may not expend state or local resources, including the 610
officer's time, to provide any information or logistical support related to 611
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such activity to any federal law enforcement authority or prosecuting 612
entity. 613
Sec. 19. (NEW) (Effective July 1, 2021) (a) In addition to activity 614
permitted under chapter 420f of the general statutes, a producer may 615
sell, deliver or transport cannabis or cannabis products to cannabis 616
establishments, except for delivery licensees, upon authorization in 617
writing by the commissioner. Such authorization may be granted only 618
after receipt of a complete license conversion application to the 619
department on a form prescribed by the commissioner, submission and 620
approval of a medical cannabis preservation plan to the department to 621
ensure against supply shortages of medical marijuana products and 622
payment of a license conversion fee pursuant to subdivision (13) of 623
subsection (b) of section 11 of this act. 624
(b) Except as provided in this act and chapter 420b or 420f of the 625
general statutes, no person, other than a retailer, hybrid retailer, 626
dispensary facility, micro-cultivator or delivery service, or an employee 627
of one of such establishments in the course of their employment, may 628
deliver, sell or offer cannabis or cannabis products to a consumer. 629
Sec. 20. (NEW) (Effective July 1, 2021) No cannabis or cannabis product 630
shall be sold from, obtained from or transferred to a location outside of 631
this state by a cannabis establishment if such activity would be in 632
violation of federal law. 633
Sec. 21. (NEW) (Effective July 1, 2021) (a) No cannabis retailer or 634
hybrid retailer shall accept payment or other form of compensation from 635
a cultivator, micro-cultivator, producer, food and beverage 636
manufacturer or product manufacturer to carry a cannabis product or 637
for placement or promotion of such product in a retailer or hybrid 638
retailer's location. No retailer or hybrid retailer shall enter into a contract 639
with a cultivator, micro-cultivator, producer, food and beverage 640
manufacturer or product manufacturer that requires exclusivity or near 641
exclusivity or limits a retailer or hybrid retailer from purchasing from 642
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other cultivators, micro-cultivators, producers, food and beverage 643
manufacturers or product manufacturers in any way. 644
(b) No cannabis establishment shall produce, manufacture or sell 645
cannabis or cannabis products that are intended for use or consumption 646
by animals. 647
(c) A retailer or hybrid retailer shall not knowingly sell to an 648
individual more than one ounce of cannabis or its dry weight equivalent 649
in cannabis products per day. Notwithstanding the foregoing, a hybrid 650
retailer or dispensary facility may sell up to five ounces of cannabis or 651
cannabis product to a qualifying patient or caregiver, which amount 652
represents such qualifying patient's maximum monthly allotment. 653
Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, 654
of the general statutes, to avoid cannabis supply shortages or address a 655
public health and safety concern, the commissioner may set temporary 656
lower per-transaction limits, which shall be published on the 657
department's Internet web site. Such limits shall become ineffective 658
upon the earlier of the expiration of six months from publication or 659
upon the commissioner's determination that a supply shortage or public 660
health and safety concern no longer exists. 661
(d) No cannabis establishment, except a producer, cultivator, micro-662
cultivator or research program, may acquire or possess a live cannabis 663
plant. 664
(e) No person issued a license or registration pursuant to this act shall 665
assign or transfer such license or registration without the 666
commissioner's prior approval. 667
Sec. 22. (NEW) (Effective July 1, 2021) (a) Each employee of a cannabis 668
establishment, other than a key employee, shall annually apply for and 669
obtain a registration on a form and in a manner prescribed by the 670
commissioner prior to commencing employment at the cannabis 671
establishment. 672
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(b) No person shall act as a backer or key employee, or represent that 673
such person is a backer or key employee, unless such person has 674
obtained a license from the department pursuant to this subsection. 675
Such person shall apply for a license on a form and in a manner 676
prescribed by the commissioner. Such form may require the applicant 677
to: (1) Submit to a state and national criminal history records check 678
conducted in accordance with section 29-17a of the general statutes, 679
which may include a financial history check if requested by the 680
commissioner, to determine the character and fitness of the applicant for 681
the license, (2) provide information sufficient for the department to 682
assess whether the applicant has an ownership interest in any other 683
cannabis establishment, cannabis establishment applicant or cannabis-684
related business nationally or internationally, and (3) obtain such other 685
information as the department determines is consistent with the 686
requirements of sections 1, 3 and 4 of this act, sections 6 to 10, inclusive, 687
of this act, sections 12 to 45, inclusive, of this act, sections 47 to 52, 688
inclusive, of this act, sections 58 to 61, inclusive, of this act, sections 65 689
to 68, inclusive, of this act, sections 74 to 76, inclusive, of this act and 690
sections 78 to 89, inclusive, of this act, section 21a-243 of the general 691
statutes, as amended by this act, or chapter 420f of the general statutes. 692
A backer or key employee shall be denied a license in the event their 693
background check reveals a disqualifying conviction. 694
(c) Any person who receives a cannabis establishment, backer or key 695
employee license or employee registration issued pursuant to 696
subsection (b) of this section shall notify the department, in writing, of 697
any changes to the information supplied on the application for such 698
license not later than five business days after such change. 699
Sec. 23. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 700
commissioner shall require each applicant for an initial backer and key 701
employee license under this chapter to submit to fingerprint based state 702
and national criminal history records checks before such license is 703
issued. The criminal history records checks required pursuant to this 704
subsection shall be conducted in accordance with section 29-17a of the 705
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general statutes. Upon renewal, the commissioner may require a backer 706
or key employee to be fingerprinted and submit to a state and national 707
criminal history records check conducted in accordance with section 29-708
17a of the general statutes before such renewal license is issued. 709
(b) The department shall charge the applicant a fee equal to the 710
amount charged to the department to conduct a state and national 711
criminal history record check. 712
Sec. 24. (NEW) (Effective from passage) The commissioner shall adopt 713
regulations in accordance with chapter 54 of the general statutes to 714
implement the provisions of this section. Notwithstanding the 715
requirements of sections 4-168 to 4-172, inclusive, of the general statutes, 716
in order to effectuate the purposes of this section and protect public 717
health and safety, prior to adopting such regulations the commissioner 718
shall issue requirements to implement the provisions of this section that 719
shall have the force and effect of law. The commissioner shall post all 720
requirements on the department's Internet web site, and submit 721
requirements for posting on the Secretary of the State's Internet web site, 722
at least fifteen days prior to the effective date of any requirement. 723
Requirements shall no longer be effective upon the earlier of either 724
codification by the Secretary of the State as a final regulation or forty-725
eight months from the effective date of this section if such regulations 726
have not been submitted to the Legislative Regulation Review 727
Committee for consideration. The commissioner shall issue 728
requirements and final regulations that include, but are not limited to, 729
the following: 730
(1) Setting appropriate dosage, potency and serving size limits and 731
delineation requirements for cannabis and cannabis products, provided 732
that a standardized serving of edible cannabis product shall contain no 733
more than ten milligrams of THC; 734
(2) Requiring that each single standardized serving of cannabis 735
product in a multiple-serving edible product is physically demarked in 736
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a way that enables a reasonable person to determine how much of the 737
product constitutes a single serving and a maximum amount of THC 738
per multiple-serving edible product; 739
(3) Requiring that, if it is impracticable to clearly demark every 740
standardized serving of cannabis product or to make each standardized 741
serving easily separable in an edible cannabis product, the product shall 742
contain no more than ten milligrams of THC per unit of sale; 743
(4) Establishing consumer health materials, in consultation with the 744
Department of Mental Health and Addiction Services, that shall be 745
posted or distributed, as specified by the commissioner, by cannabis 746
establishments to maximize dissemination to cannabis consumers. 747
Consumer health materials may include pamphlets, packaging inserts, 748
signage, online advertisements and advisories; 749
(5) Imposing labeling and packaging requirements for cannabis and 750
cannabis products sold by a cannabis establishment that include, but are 751
not limited to, the following: 752
(A) A universal symbol to indicate that a cannabis or a cannabis 753
product contains cannabis, and prescribe how such product and 754
product packaging shall utilize and exhibit such symbol; 755
(B) A disclosure concerning the length of time it typically takes for 756
the cannabis or cannabis product to affect an individual, including that 757
certain forms of cannabis or cannabis products take longer to have an 758
affect; 759
(C) A notation of the amount of cannabis the cannabis product is 760
considered the equivalent to; 761
(D) A list of ingredients for cannabis and cannabis products; 762
(E) Child-resistant packaging; 763
(F) Product tracking information sufficient to determine where and 764
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when the cannabis was grown and manufactured such that a product 765
recall could be effectuated; 766
(G) A net weight statement; 767
(H) A recommended use by or expiration date; and 768
(I) Standard and uniform packaging and labeling, including, but not 769
limited to, (i) requirements regarding branding or logos, and (ii) 770
requirements that all packaging is opaque; 771
(6) Restricting forms of cannabis products and cannabis product 772
delivery systems to ensure consumer safety and deter public health 773
concerns; 774
(7) Prohibiting product types that appeal to children; 775
(8) Establishing physical and cyber security requirements related to 776
build out, monitoring and protocols for cannabis establishments as a 777
requirement for licensure; 778
(9) Placing temporary limits on the sale of cannabis and cannabis 779
products in the adult-use market, if deemed appropriate and necessary 780
by the commissioner, in response to a shortage of cannabis and cannabis 781
products for qualifying patients; and 782
(10) Requiring producers, cultivators, micro-cultivators, product 783
manufacturers and food and beverage manufacturers to register brand 784
names for cannabis and cannabis products in accordance with the 785
procedures set forth in section 21a-408-61(a) of the regulations of state 786
agencies and subject to the fee set forth in section 21a-408-29 of the 787
regulations of state agencies. 788
Sec. 25. (NEW) (Effective January 1, 2022) (a) Cannabis licensees and 789
establishments shall not: 790
(1) Advertise cannabis or cannabis products and cannabis 791
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paraphernalia in ways that target or are designed to appeal to 792
individuals under the legal age to purchase cannabis products, 793
including, but not limited to, depictions of a person under twenty-one 794
years of age consuming cannabis or cannabis products, or, includes 795
objects, such as toys, characters or cartoon characters suggesting the 796
presence of a person under twenty-one years of age, or any other 797
depiction designed in any manner to be appealing to a person under 798
twenty-one years of age; 799
(2) Engage in advertising unless the advertiser has reliable evidence 800
that not less than ninety per cent of the audience for the advertisement 801
is reasonably expected to be twenty-one years of age or older; 802
(3) Engage in advertising or marketing directed toward location-803
based devices, including, but not limited to, cellular phones, unless the 804
marketing is a mobile device application installed on the device by the 805
owner of the device who is twenty-one years of age or older and 806
includes a permanent and easy opt-out feature and warnings that the 807
use of cannabis and cannabis products is restricted to persons twenty-808
one years of age or older; 809
(4) Advertise cannabis in a manner that represents that products have 810
curative or therapeutic effects, shall not make medical claims or 811
promote cannabis for a wellness purpose unless such claims are 812
substantiated as set forth in sections 21a-408-68 and 21a-408-69 of the 813
regulations of state agencies or verbally conveyed by a licensed 814
pharmacist in the course of business in a hybrid retail or dispensary 815
facility; 816
(5) Sponsor charitable, sports, musical, artistic, cultural, social or 817
other similar event or advertising at or in connection with such an event 818
unless the sponsor or advertiser has reliable evidence that (A) not more 819
than ten per cent of the in-person audience at the event is reasonably 820
expected to be under the legal age to purchase cannabis products, and 821
(B) not more than ten per cent of the audience that will watch, listen or 822
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participate in the event is expected to be under the legal age to purchase 823
cannabis products; 824
(6) Advertise cannabis, cannabis products or cannabis paraphernalia 825
in any form or through any medium whatsoever within five hundred 826
feet of an elementary or secondary school grounds or on any billboard 827
in the state; 828
(7) Cultivate cannabis or manufacture cannabis products for 829
distribution outside of this state in violation of federal law; and 830
(8) Exhibit within or upon the outside of the cannabis establishment, 831
or include in any advertisement the words "drug store", "pharmacy", 832
"apothecary", "drug", "drugs" or "medicine shop" or any combination of 833
such terms or any other words, displays or symbols indicating that such 834
store, shop or place of business is a pharmacy. 835
(b) Any advertisements from a cannabis establishment shall contain 836
the following warning: "Do not use cannabis if you are under twenty-837
one years of age. Keep cannabis out of the reach of children." In a print 838
or visual medium, such warning shall be easily legible and shall take up 839
not less than ten per cent of the advertisement space. In an audio 840
medium, such warning shall be at the same speed as the rest of the 841
advertisement and be easily intelligible. 842
(c) The department shall not register any cannabis brand name that: 843
(1) Is identical to, or confusingly similar to, the name of an existing 844
noncannabis product; 845
(2) Is identical to, or confusingly similar to, the name of an unlawful 846
product or substance; 847
(3) Is confusingly similar to the name of a previously approved 848
cannabis brand name; 849
(4) Is obscene or indecent; and 850
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(5) Is customarily associated with persons under the age of twenty-851
one. 852
Sec. 26. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 853
department may accept applications for the following cannabis 854
establishment license types: (1) Retailer, (2) hybrid retailer, (3) 855
cultivator, (4) micro-cultivator, (5) product manufacturer, (6) food and 856
beverage manufacturer, (7) product packager, and (8) delivery service. 857
(b) The following fees shall be paid by each applicant: 858
(1) Retailer fee to enter the lottery shall be five hundred dollars, the 859
fee to receive a provisional license shall be five thousand dollars and the 860
fee to receive a final license shall be twenty-five thousand dollars. 861
(2) Hybrid retailer fee to enter the lottery shall be five hundred 862
dollars, the fee to receive a provisional license shall be five thousand 863
dollars and the fee to receive a final license shall be twenty-five 864
thousand dollars. 865
(3) Cultivator fee to enter the lottery shall be one thousand dollars, 866
the fee to receive a provisional license shall be twenty-five thousand 867
dollars and the fee to receive a final license shall be seventy-five 868
thousand dollars. 869
(4) Micro-cultivator fee to enter the lottery shall be two hundred fifty 870
dollars, the fee to receive a provisional license shall be five hundred 871
dollars and the fee to receive a final license shall be one thousand 872
dollars. 873
(5) Product manufacturer fee to enter the lottery shall be seven 874
hundred fifty dollars, the fee to receive a provisional license shall be five 875
thousand dollars and the fee to receive a final license shall be twenty-876
five thousand dollars. 877
(6) Food and beverage manufacturer fee to enter the lottery shall be 878
two hundred fifty dollars, the fee to receive a provisional license shall 879
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be one thousand dollars and the fee to receive a final license shall be five 880
thousand dollars. 881
(7) Product packager fee to enter the lottery shall be five hundred 882
dollars, the fee to receive a provisional license shall be five thousand 883
dollars and the fee to receive a final license shall be twenty-five 884
thousand dollars. 885
(8) Delivery service fee to enter the lottery shall be two hundred fifty 886
dollars, the fee to receive a provisional license shall be one thousand 887
dollars and the fee to receive a final license shall be five thousand 888
dollars. 889
(9) The license fee for a backer shall be one hundred dollars. 890
(10) The license fee for a key employee shall be one hundred dollars. 891
(11) The registration fee for all employees who are not backers or key 892
employees shall be fifty dollars. 893
(12) The license conversion fee for a dispensary facility to become a 894
hybrid retailer shall be two hundred fifty thousand dollars. 895
(13) The license conversion fee for a producer to engage in the adult 896
use cannabis market shall be seven hundred fifty thousand dollars. 897
(c) For each license type: 898
(1) Applicants shall apply on a form and in a manner prescribed by 899
the commissioner; 900
(2) The department shall post on its Internet web site the application 901
period, which shall specify the first and last date that the department 902
will accept applications for that license type. Only complete license 903
applications received by the department during the application period 904
shall be considered. 905
(d) Prior to the first date that the department will accept applications 906
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for a license type, the department shall, within its discretion, determine 907
the maximum number of applications that shall be considered for that 908
license type and post such information on its Internet web site. 909
(e) If, upon the close of the application period for a license type, the 910
department receives more applications than the maximum number to 911
be considered as set forth in subsection (d) of this section, a third-party 912
lottery operator shall conduct a lottery to select applications for review 913
by the department in accordance with subsection (h) of this section. 914
(f) The third-party lottery operator shall: 915
(1) Not be provided any application received after the close of the 916
application period; 917
(2) Give equal weight to every complete application submitted 918
during the application period; 919
(3) Conduct an independent lottery for each license type that results 920
in each application being randomly ranked starting with one and 921
continuing sequentially; and 922
(4) Provide the department with all applications to be considered, 923
which shall consist of the applications ranked numerically one to the 924
maximum number set forth in accordance with subsection (c) of this 925
section. If the department determined that it would review ten 926
applications for a license type, the lottery shall provide the department 927
with the applications ranked one through ten. Any application not 928
selected through this lottery process shall not be reviewed and will not 929
be eligible for licensure. 930
(g) The third-party lottery operator shall rank all applications 931
numerically, including those that exceed the number to be considered. 932
Nothing in this section shall prevent the third-party lottery operator 933
from providing the numerical rankings of all applications for each 934
license type for which a lottery is performed or the department from 935
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obtaining the numerical rankings of all applications for each license type 936
for which a lottery is performed by the third-party lottery operator. 937
(h) Upon being notified by the third-party lottery operator of the 938
applications chosen for review, the department shall review each 939
application to confirm it is complete and to determine whether any 940
application: (1) Includes a backer with a disqualifying conviction; (2) 941
includes a backer that would result in common ownership in violation 942
of the cap set forth in this act; or (3) has a backer who individually or in 943
connection with a cannabis business in another state or country has an 944
administrative finding or judicial decision that may substantively 945
compromise the integrity of the cannabis program, as determined by the 946
department, or that precludes its participation in this state's cannabis 947
program. If the number of applications submitted is equal to or less than 948
the number posted on the department's Internet web site, the 949
department may immediately begin to review the applications in 950
accordance with this subsection without use of a lottery process. 951
(i) If an applicant or a single backer of an applicant is disqualified on 952
the basis of any of the criteria set forth in subsection (h) of this section, 953
the entire application shall be denied and such denial shall be a final 954
decision of the department. Notwithstanding the foregoing, backers of 955
the applicant entity named in the lottery application submission may be 956
removed prior to submission of a final license application. However, no 957
additional backers may be added to a cannabis establishment 958
application between the time of lottery entry and when a final license is 959
awarded to the cannabis establishment. If the applicant removes any 960
backer that would the cause the applicant to be denied based on 961
subsection (h) of this section, then the applicant entity shall not be 962
denied due to such backer's prior involvement if such backer is removed 963
within thirty days of notice by the department of disqualification of a 964
backer. Not later than thirty days after service of notice upon the 965
applicant of a denial, the applicant may take an appeal therefrom to the 966
Superior Court in accordance with section 4-183 of the general statutes. 967
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(j) For each application denied pursuant to subsection (h) of this 968
section, the department may, within its discretion, request that the 969
lottery provide the next-ranked application. This process may continue 970
until the department has identified for further consideration the number 971
of applications set forth on its Internet web site pursuant to subsection 972
(c) of this section. If the number of applications remaining is less than 973
the number posted on the department's Internet web site, the 974
department may, within its discretion, reopen the application period or 975
award fewer licenses. 976
(k) All applicants selected in the lottery and not denied shall be 977
provided a provisional license application, which shall be submitted in 978
a form and manner prescribed by the commissioner. 979
(l) Applicants shall have sixty days from the date they receive their 980
provisional application to complete the application. The right to apply 981
for a provisional license is nontransferable. 982
(m) Upon receiving a provisional application from an applicant, the 983
department shall review the application for completeness and to 984
confirm that all information provided regarding any business plans, 985
backers or third-party vendors is acceptable and in compliance with this 986
section and any regulations promulgated thereunder. 987
(n) If a provisional application meets the standards set forth in this 988
section, the applicant shall be provided a provisional license. A 989
provisional license shall be nontransferable. If the provisional 990
application does not meet the standards set forth in this section or is not 991
completed within sixty days, the applicant shall not receive a 992
provisional license. The decision of the department not to award a 993
provisional license shall be final and may be appealed in accordance 994
with section 4-183 of the general statutes. Nothing in this section shall 995
prevent a provisional applicant from submitting an application for a 996
future lottery. 997
(o) A provisional license shall expire after twelve months and shall 998
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not be renewed. 999
(p) A provisional licensee may apply for a final license of the license 1000
type for which they applied during the initial application period. 1001
(q) Final license applications shall be submitted on a form and in a 1002
manner approved by the commissioner and shall include, but not be 1003
limited to, the information set forth in this section, as well as evidence 1004
of the following: 1005
(1) A contract with an approved seed-to-sale vendor in accordance 1006
with the provisions of this act; 1007
(2) A right to occupy the location at which the establishment shall be 1008
located; 1009
(3) Zoning approval for the cannabis establishment; 1010
(4) Written policies for preventing diversion and misuse of cannabis 1011
and sales to underage persons; and 1012
(5) All other security requirements set forth by the department based 1013
on the specific license type. 1014
(r) At any point prior to the expiration of the provisional license, the 1015
department may award a provisional licensee a final license for the 1016
license type for which the licensee applied. Prior to receiving final 1017
license approval, a provisional licensee shall not possess, distribute, 1018
manufacture, sell or transfer cannabis. In addition, the department may 1019
conduct a site inspection prior to issuing a final license. 1020
(s) At any time after receiving a final license, a cannabis establishment 1021
may begin operations, provided all other requirements for opening a 1022
business in compliance with the laws of this state are complete and all 1023
employees have been registered with the department. 1024
Sec. 27. (NEW) (Effective July 1, 2022) From the effective date of this 1025
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section until June 30, 2025, the department shall not award a cannabis 1026
establishment license to any applicant that, at the time the lottery is 1027
conducted, has two or more licenses or includes a backer that is a backer 1028
of two or more licenses in the same license category for which the 1029
applicant has entered the lottery. Applicants entering the lottery for a 1030
cannabis establishment license on or before June 30, 2025, shall be 1031
disqualified if a review of cannabis establishment affiliations held by the 1032
business entity or any backer shows that the cannabis establishment 1033
applicant or its backers also have an ownership interest of five per cent 1034
or greater in or managerial control over two other cannabis 1035
establishments of the same license type. Individuals applying for a 1036
backer license shall be denied if they exceed the ownership thresholds 1037
set forth in this section. 1038
Sec. 28. (NEW) (Effective July 1, 2021) (a) On and after the effective 1039
date of this section, the department may issue or renew a license for a 1040
person to be a retailer. No person may act as a retailer or represent that 1041
such person is a retailer unless such person has obtained a license from 1042
the department pursuant to this section. 1043
(b) A retailer may obtain cannabis or cannabis products from a 1044
cultivator, micro-cultivator, producer, product packager, food and 1045
beverage manufacturer or product manufacturer. A retailer may sell or 1046
transfer cannabis to a delivery service, laboratory or research program. 1047
A retailer may sell cannabis or cannabis products to a consumer, except 1048
that a retailer may not conduct sales of medical marijuana products nor 1049
offer discounts or other inducements to qualifying patients or 1050
caregivers. A retailer shall not gift or transfer cannabis or cannabis 1051
products at no cost to a consumer as part of a commercial transaction. 1052
(c) Retailers shall maintain a secure location, in a manner approved 1053
by the commissioner, at the licensee's premises where cannabis that is 1054
unable to be delivered by an employee or delivery service may be 1055
returned to the retailer. Such secure cannabis return location shall meet 1056
specifications set forth by the commissioner and published on the 1057
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department's Internet web site. 1058
(d) All employees of a retailer shall obtain a registration from the 1059
department on a form and in a manner prescribed by the commissioner. 1060
(e) A retailer may deliver cannabis and cannabis products through a 1061
delivery service or by utilizing its own employees. 1062
Sec. 29. (NEW) (Effective July 1, 2021) (a) On and after the effective 1063
date of this section, the department may issue or renew a license for a 1064
hybrid retailer. No person may act as a hybrid retailer or represent that 1065
such person is a hybrid retailer unless such person has obtained a license 1066
from the department pursuant to this section. 1067
(b) A hybrid retailer may obtain cannabis or cannabis products from 1068
a cultivator, micro-cultivator, producer, product packager, food and 1069
beverage manufacturer or product manufacturer. A hybrid retailer may 1070
sell or transfer cannabis to a delivery service, laboratory or research 1071
program. A hybrid retailer shall not gift or transfer cannabis or cannabis 1072
products at no cost to a consumer, qualifying patient or caregiver as part 1073
of a commercial transaction. 1074
(c) In addition to conducting general retail sales, a hybrid retailer may 1075
sell medical marijuana products, cannabis or cannabis products to 1076
qualifying patients and caregivers. Any cannabis or cannabis products 1077
sold to qualifying patients and caregivers shall be dispensed by a 1078
licensed pharmacist and shall be recorded in real-time upon completion 1079
of dispensing into the prescription drug monitoring program. Only a 1080
licensed pharmacist or registered dispensary technician may upload or 1081
access data in the prescription drug monitoring program. 1082
(d) A hybrid retailer shall maintain a licensed pharmacist on premises 1083
at all times when the hybrid retail location is open to the public or 1084
qualifying patients and caregivers. 1085
(e) The hybrid retailer location shall include a private consultation 1086
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space for pharmacists to meet with qualifying patients and caregivers. 1087
Additionally, the hybrid retailer premises shall accommodate an 1088
expedited method of entry that allows for priority entrance into the 1089
premises for qualifying patients and caregivers. 1090
(f) A hybrid retailer may deliver cannabis and cannabis products 1091
through a delivery service or by utilizing its own employees. Hybrid 1092
retailers shall maintain a secure location, in a manner approved by the 1093
commissioner, at the licensee's premises where cannabis that is unable 1094
to be delivered by an employee or delivery service may be returned to 1095
the hybrid retailer. Such secure cannabis return location shall meet 1096
specifications set forth by the commissioner and published on the 1097
department's Internet web site. 1098
(g) Cannabis or cannabis products dispensed to a qualifying patient 1099
or caregiver that are unable to be delivered and are returned by the 1100
delivery service to the hybrid retailer shall be returned to the licensee 1101
inventory system and removed from the prescription drug monitoring 1102
program not later than forty-eight hours after receipt of the cannabis or 1103
cannabis products from the delivery service. 1104
(h) Each employee of a hybrid retailer shall obtain a registration from 1105
the department on a form and in a manner prescribe d by the 1106
commissioner. 1107
(i) A hybrid retailer may not convert its license to a retailer license. 1108
To obtain a retail license, a hybrid retailer shall apply through the lottery 1109
application process. A hybrid retailer may convert to a dispensary 1110
facility if the hybrid retailer complies with all applicable provisions of 1111
chapter 420f of the general statutes and upon written approval by the 1112
department. 1113
Sec. 30. (NEW) (Effective July 1, 2021) (a) A dispensary facility may 1114
apply to the department, on a form and in a manner prescribed by the 1115
commissioner, to convert its license to a hybrid retailer license on or 1116
after September 1, 2021, without applying through the lottery 1117
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application system. The license conversion application shall require a 1118
dispensary facility to submit a detailed medical preservation plan for 1119
how they will prioritize sales and access to cannabis and medical 1120
marijuana products for qualifying patients, including, but not limited 1121
to, managing customer traffic flow, preventing supply shortages, 1122
providing delivery services and ensuring appropriate staffing levels. 1123
(b) A dispensary facility may not convert its license to a retailer 1124
license. To obtain a retail license, a dispensary facility shall apply 1125
through the lottery application process. 1126
(c) After October 1, 2021, qualifying patients shall not be required to 1127
designate a dispensary facility or hybrid retailer as its exclusive location 1128
to purchase cannabis, nor shall the department require any future 1129
change of designated dispensary facility applications. If all dispensary 1130
facilities demonstrate to the department's satisfaction that they are 1131
adhering to the real-time upload requirements set forth in subsection (d) 1132
of this section prior to October 1, 2021, the commissioner may eliminate 1133
the requirement for designated dispensary facilities prior to said date. 1134
(d) On and after October 1, 2021, dispensary facilities and hybrid 1135
retailers shall be required to perform real-time uploads to the 1136
prescription drug monitoring program. Any cannabis or cannabis 1137
products sold to qualifying patients or caregivers shall be dispensed by 1138
a licensed pharmacist and shall be recorded into the prescription drug 1139
monitoring program in real-time or immediately upon completion of 1140
the transaction, unless not reasonably feasible for a specific transaction, 1141
but in no case longer than one hour after completion of the transaction. 1142
(e) On and after September 1, 2021, a dispensary facility may apply 1143
to the department, in a form and in a manner prescribed by the 1144
commissioner, to provide delivery services to qualifying patients and 1145
caregivers utilizing dispensary facility employees. The dispensary 1146
facility may deliver cannabis only from the inventory of the dispensary 1147
facility to qualifying patients and caregivers. If such application is 1148
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approved by the commissioner, the dispensary facility may commence 1149
delivery services on and after January 1, 2022. Notwithstanding the 1150
foregoing, the commissioner may authorize dispensary facilities to 1151
commence delivery services prior to January 1, 2022, upon forty-five 1152
days advance written notice, which shall be published on the 1153
department's Internet web site. Dispensary facilities and hybrid retailers 1154
shall only utilize their employees to perform delivery of cannabis to 1155
qualifying patients and caregivers prior to July 1, 2022. On or after July 1156
1, 2022, dispensary facilities and hybrid retailers may utilize their own 1157
employees or a delivery service to deliver cannabis to qualifying 1158
patients and caregivers. 1159
(f) Dispensary facilities and hybrid retailers may commence delivery 1160
of cannabis direct to consumers as of the date the first adult use cannabis 1161
sales are permitted by the commissioner as set forth in subsection (g) of 1162
this section. Dispensary facilities and hybrid retailers shall not utilize 1163
their own employees to perform delivery of cannabis to consumers and 1164
shall solely utilize a delivery service for any delivery to consumers who 1165
are not qualifying patients or caregivers until the earlier of May 1, 2023, 1166
or one year from the date the commissioner authorizes the adult use 1167
cannabis market to open to the public as set forth in subsection (g) of 1168
this section. After such date, dispensary facilities and hybrid retailers 1169
may deliver cannabis to qualifying patients, caregivers and consumers 1170
utilizing their own employees or a delivery service, or a combination of 1171
thereof. 1172
(g) Dispensary facilities that convert to hybrid retailers may open 1173
their premises to the general public and commence adult use cannabis 1174
sales on and after May 4, 2022. The commissioner may authorize the 1175
adult use cannabis market to open prior to said date upon forty-five 1176
days advance written notice, which shall be published on the 1177
department's Internet web site. 1178
Sec. 31. (NEW) (Effective July 1, 2021) (a) On and after the effective 1179
date of this section, the department may issue or renew a license for a 1180
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person to be a food and beverage manufacturer. No person may act as a 1181
food and beverage manufacturer or represent that such person is a 1182
licensed food and beverage manufacturer unless such person has 1183
obtained a license from the department pursuant to this section. 1184
(b) A food and beverage manufacturer may incorporate cannabis or 1185
cannabis concentrates into foods or beverages as an ingredient. A food 1186
and beverage manufacturer shall not perform extraction of cannabis 1187
into a cannabis concentrate nor create any product that is not a food or 1188
beverage intended to be consumed by humans. 1189
(c) A food and beverage manufacturer may package or label any food 1190
or beverage incorporating cannabis or cannabis concentrates prepared 1191
by the food and beverage manufacturer at the licensed establishment. 1192
(d) A food and beverage manufacturer may transport its own 1193
products to a cannabis establishment or research program provided 1194
such transportation is performed by its employees. A food and beverage 1195
manufacturer may not transport any cannabis, cannabis products or 1196
food or beverage incorporating cannabis or cannabis concentrates 1197
directly to consumers or through a delivery service. 1198
(e) All products created by a food and beverage manufacturer shall 1199
be labeled in accordance with this act as well as federal Food and Drug 1200
Administration and United States Department of Agriculture 1201
requirements. 1202
(f) A food and beverage manufacturer shall ensure all equipment 1203
utilized for manufacturing, processing and packaging cannabis and 1204
cannabis products is sanitary and inspected regularly to deter the 1205
adulteration of cannabis in accordance with this act as well as federal 1206
Food and Drug Administration and United States Department of 1207
Agriculture requirements. 1208
(g) Each employee of a food and beverage manufacturer shall obtain 1209
a registration from the department on a form and in a manner 1210
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prescribed by the commissioner. 1211
Sec. 32. (NEW) (Effective July 1, 2021) (a) On and after the effective 1212
date of this section, the department may issue or renew a license for a 1213
person to be a product manufacturer. No person may act as a product 1214
manufacturer or represent that such person is a licensed product 1215
manufacturer unless such person has obtained a license from the 1216
department pursuant to this section. 1217
(b) A product manufacturer may perform cannabis extractions, 1218
chemical synthesis and all other manufacturing activities authorized by 1219
the commissioner and published on the department's Internet web site. 1220
(c) A product manufacturer may package and label cannabis and 1221
cannabis products manufactured at its licensed establishment. 1222
(d) A product manufacturer may transport its own products to a 1223
cannabis establishment or research program provided such 1224
transportation is performed by its employees. A product manufacturer 1225
may not transport any cannabis and cannabis products directly to 1226
consumers or through a delivery service. 1227
(e) All products created by a product manufacturer shall be labeled 1228
in accordance with this act as well as federal Food and Drug 1229
Administration requirements. 1230
(f) A product manufacturer shall ensure all equipment utilized for 1231
manufacturing, extracting, processing and packaging cannabis and 1232
cannabis products is sanitary and inspected regularly to deter the 1233
adulteration of cannabis in accordance with this act as well as federal 1234
Food and Drug Administration requirements. 1235
(g) All employees of a product manufacturer shall obtain a 1236
registration from the department on a form and in a manner prescribed 1237
by the commissioner. 1238
Sec. 33. (NEW) (Effective July 1, 2021) (a) On and after the effective 1239
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LCO No. 3311 43 of 163
date of this section, the department may issue or renew a license for a 1240
person to be a product packager. No person may act as a product 1241
packager or represent that such person is a product packager unless 1242
such person has obtained a license from the department pursuant to this 1243
section. 1244
(b) A product packager may obtain cannabis or cannabis products 1245
from a producer, cultivator, micro-cultivator, food and beverage 1246
manufacturer or a product manufacturer. The product packager may 1247
transfer or transport cannabis or cannabis products to any cannabis 1248
establishment or research program except delivery service provided it 1249
only transports cannabis or cannabis products packaged at its licensed 1250
establishment and with its employees. 1251
(c) A product packager shall be responsible for ensuring that 1252
cannabis products are labeled and packaged in compliance with the 1253
provisions of this act. 1254
(d) A product packager shall ensure all equipment utilized for 1255
processing and packaging cannabis and cannabis products is sanitary 1256
and inspected regularly to deter the adulteration of cannabis. 1257
(e) Each employee of a product packager that directly engages in the 1258
physical packaging, security controls or contract management with 1259
other cannabis establishments, or as otherwise determined by the 1260
commissioner to require registration based on their access to or contact 1261
with cannabis or oversight over the distribution of cannabis, shall obtain 1262
a registration from the department on a form and in a manner 1263
prescribed by the commissioner. Employees excluded from the 1264
registration requirement may include staff assigned to marketing, 1265
communications, human resources and information technology support 1266
that have no access to cannabis or cannabis products. 1267
Sec. 34. (NEW) (Effective July 1, 2021) (a) On and after the effective 1268
date of this section, the department may issue or renew a license for a 1269
person to be a delivery service. No person may act as a delivery service 1270
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or represent that such person is a licensed delivery service unless such 1271
person has obtained a license from the department pursuant to this 1272
section. 1273
(b) Upon application for a delivery service license, the applicant shall 1274
indicate whether they are applying to transport cannabis and cannabis 1275
products between cannabis establishments, from certain cannabis 1276
establishments to consumers or qualifying patients, or a combination 1277
thereof. 1278
(c) A delivery service that delivers direct to consumers or qualifying 1279
patients and caregivers is authorized to transport cannabis and cannabis 1280
products from a micro-cultivator, retailer, hybrid retailer or a 1281
dispensary facility directly to a consumer or qualifying patient or 1282
caregiver. A delivery service may not store or maintain control of 1283
cannabis or cannabis products for more than twenty-four hours between 1284
the point when a consumer, qualifying patient, or a caregiver places an 1285
order, until the time that the cannabis or cannabis product is delivered 1286
to such consumer, qualifying patient or caregiver. 1287
(d) A delivery service may deliver cannabis and cannabis products 1288
between cannabis establishments, research programs or laboratories. If 1289
transporting cannabis or cannabis products between can nabis 1290
establishments, research programs or laboratories, the delivery service 1291
shall not store or maintain control of cannabis or cannabis products for 1292
more than twenty-four hours from the point the delivery service picks 1293
up the cannabis from a cannabis establishment until the time such 1294
product is delivered to the destination cannabis establishment. 1295
(e) All employees of a delivery service that engage in the transport, 1296
storage or distribution of, or may have access to, cannabis or cannabis 1297
products shall obtain a registration from the department on a form and 1298
in a manner prescribed by the commissioner. 1299
(f) The commissioner shall adopt regulations in accordance with 1300
chapter 54 of the general statutes to implement the provisions of this 1301
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section. Notwithstanding the requirements of sections 4-168 to 4-172, 1302
inclusive, of the general statutes, in order to effectuate the purposes of 1303
this act and protect public health and safety, prior to adopting such 1304
regulations the commissioner shall issue requirements to implement the 1305
provisions of this section that shall have the force and effect of law. The 1306
commissioner shall post all requirements on the department's Internet 1307
web site, and submit requirements for posting on the Secretary of the 1308
State's Internet web site, at least fifteen days prior to the effective date 1309
of any requirement. Requirements shall no longer be effective upon the 1310
earlier of either codification by the Secretary of the State as a final 1311
regulation or forty-eight months from the effective date of this section if 1312
such regulations have not been submitted to the Legislative Regulation 1313
Review Committee for consideration. The commissioner shall issue 1314
requirements and final regulations that shall specify that: (1) The 1315
delivery service shall meet certain security requirements related to the 1316
vehicles employed, the conduct of employees and agents, and the 1317
documentation that shall be maintained by the delivery service and its 1318
drivers; (2) a delivery service that delivers cannabis to consumers shall 1319
maintain an online interface that verifies the age of consumers ordering 1320
cannabis or cannabis products for delivery and meets certain 1321
specifications and data security standards; and (3) a delivery service that 1322
delivers cannabis to consumers, qualifying patients or caregivers, and 1323
all employees and agents of such licensee, shall verify the identity of the 1324
qualifying patient, caregiver or consumer and the age of the consumer 1325
upon delivery of products to the end consumer, qualifying patient, or 1326
caregiver in a manner acceptable to the commissioner. The individual 1327
placing the cannabis order shall be the individual accepting delivery of 1328
the cannabis or, in the case of a qualifying patient, the individual 1329
accepting the delivery may be the caregiver of such qualifying patient. 1330
(g) A delivery service shall not gift or transfer cannabis or cannabis 1331
products at no cost to a consumer or qualifying patient or caregiver as 1332
part of a commercial transaction. 1333
Sec. 35. (NEW) (Effective July 1, 2021) (a) On and after the effective 1334
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date of this section, the department may issue or renew a license for a 1335
person to be a cultivator. No person may act as a cultivator or represent 1336
that such person is a licensed cultivator unless such person has obtained 1337
a license from the department pursuant to this section. 1338
(b) A cultivator is authorized to cultivate, grow and propagate 1339
cannabis at an establishment containing not less than fifteen thousand 1340
square feet of grow space. A cultivator establishment shall meet 1341
physical security controls and protocols set forth and required by the 1342
commissioner. 1343
(c) A cultivator may label, manufacture, package and perform 1344
extractions on any cannabis or cannabis product cultivated, grown or 1345
propagated at its licensed establishment, including food and beverage 1346
products incorporating cannabis and cannabis concentrates, provided 1347
the cultivator meets all licensure and application requirements for a 1348
food and beverage manufacturer and a product manufacturer. 1349
(d) A cultivator may sell or transfer its cannabis to a dispensary 1350
facility, hybrid dispensary, retailer, food and beverage manufacturer, 1351
product manufacturer, research program or product packager. A 1352
cultivator shall not sell directly to consumers or through a delivery 1353
service. 1354
(e) A cultivator may transport cannabis and cannabis products to any 1355
cannabis establishment or research program, except a delivery service, 1356
provided the cannabis and cannabis products are grown, cultivated, 1357
propagated, manufactured, labeled or packaged at its licensed 1358
establishment and transported by its employees. A cultivator shall not 1359
transport cannabis and cannabis products directly to consumers or 1360
through a delivery service. 1361
(f) All employees of a cultivator shall obtain a registration from the 1362
department on a form and in a manner prescribed by the commissioner. 1363
Sec. 36. (NEW) (Effective July 1, 2021) (a) On and after the effective 1364
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date of this section, the department may issue or renew a license for a 1365
person to be a micro-cultivator. No person may act as a micro-cultivator 1366
or represent that such person is a licensed micro-cultivator unless such 1367
person has obtained a license from the department pursuant to this 1368
section. 1369
(b) A micro-cultivator is authorized to cultivate, grow, propagate, 1370
manufacture and package the cannabis plant at an establishment 1371
containing not less than two thousand square feet and not more than 1372
five thousand square feet of grow space, prior to any expansion 1373
authorized by the commissioner. Micro-cultivator facilities shall meet 1374
physical security controls set forth and required by the commissioner. 1375
(c) A micro-cultivator may apply for expansion of its grow space, in 1376
increments of five thousand square feet, on an annual basis, from the 1377
date of initial licensure, if such licensee is not subject to any pending or 1378
final administrative actions or judicial findings. If the licensee has 1379
pending or final administrative actions or judicial findings against them, 1380
the department shall conduct a suitability review analysis to determine 1381
whether such expansion shall be granted, which determination shall be 1382
final and appealable only to the Superior Court. The micro-cultivator 1383
may apply for an expansion of its facility annually upon renewal of its 1384
credential until said licensee reaches a maximum of fifteen thousand 1385
square feet of grow space. If a micro-cultivator desires to expand beyond 1386
fifteen thousand square feet of grow space, the micro-cultivator licensee 1387
may apply for a cultivator license one year after its last expansion 1388
request. The micro-cultivator licensee shall not be required to apply 1389
through the lottery application process to convert its license to a 1390
cultivator license. If a micro-cultivator maintains its license and meets 1391
all of the application and licensure requirements for a cultivator 1392
credential, including payment of the cultivator license fee, they shall be 1393
granted a cultivator license. 1394
(d) A micro-cultivator may sell or transfer its cannabis to a dispensary 1395
facility, hybrid dispensary, retailer, delivery service, food and beverage 1396
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manufacturer, product manufacturer, research facility or product 1397
packager. A micro-cultivator shall not gift or transfer cannabis or 1398
cannabis products at no cost to a consumer as part of a commercial 1399
transaction. 1400
(e) A micro-cultivator may label, manufacture, package and perform 1401
extractions on any cannabis and cannabis product cultivated, grown 1402
and propagated at its licensed establishment provided it meets all 1403
licensure and application requirements for a food and beverage 1404
manufacturer or a product manufacturer as applicable. 1405
(f) A micro-cultivator may transport cannabis and cannabis products 1406
to any cannabis establishment or research program provided the 1407
cannabis and cannabis products are cultivated, grown, propagated, 1408
labeled, manufactured or packaged at its licensed establishment and 1409
transported with its employees. 1410
(g) Micro-cultivators shall be allowed to sell their own cannabis or 1411
cannabis products to consumers, excluding qualifying patients and 1412
caregivers, either through a delivery service or via delivery using their 1413
own employees. Any micro-cultivator that engages in the home delivery 1414
of cannabis, either through their own employees or a delivery service, 1415
shall maintain a secure location, in a manner approved by the 1416
commissioner, at the micro-cultivator's premises where cannabis that is 1417
unable to be delivered may be returned to the micro-cultivator. Such 1418
secure cannabis return location shall meet specifications set forth by the 1419
commissioner and published on the department's Internet web site. 1420
(h) All employees of a micro-cultivator shall obtain a registration 1421
from the department on a form and in a manner prescribed by the 1422
commissioner. 1423
Sec. 37. (NEW) (Effective July 1, 2021) (a) On or before June 30, 2023, 1424
the commissioner may deny a change of location application from a 1425
dispensary facility or hybrid retailer based on the needs of qualifying 1426
patients. 1427
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(b) Prior to June 30, 2022, the commissioner shall not approve the 1428
relocation of a dispensary facility or hybrid retailer to a location that is 1429
further than ten miles from its current dispensary facility or hybrid 1430
retailer location. 1431
Sec. 38. (NEW) (Effective from passage) No employee of the department 1432
who carries out the duties and responsibilities of sections 1, 3 and 4 of 1433
this act, sections 6 to 10, inclusive, of this act, sections 12 to 45, inclusive, 1434
of this act, sections 47 to 52, inclusive, of this act, sections 58 to 61, 1435
inclusive, of this act, sections 65 to 68, inclusive, of this act, sections 74 1436
to 76, inclusive, of this act and sections 78 to 89, inclusive, of this act, 1437
section 21a-243 of the general statutes, as amended by this act, or section 1438
21a-408t of the general statutes, as amended by this act, and any 1439
regulations enacted pursuant thereto may, directly, individually or as a 1440
member of a partnership, have any management or financial interest 1441
whatsoever in the cultivation, manufacture, sale, transportation, 1442
delivery or testing of cannabis, nor receive any commission or profit 1443
whatsoever from nor have any interest whatsoever in purchases or sales 1444
made by persons authorized to make such purchases or sales pursuant 1445
to said sections. No provision of this section shall prevent any such 1446
employee from purchasing and keeping in his or her possession, for his 1447
or her personal use or the use of such employee's family or guests, any 1448
cannabis which may be purchased or kept by any person by virtue of 1449
said sections. 1450
Sec. 39. (NEW) (Effective July 1, 2021) Notwithstanding any provision 1451
of the general statutes, the purchase, possession, display, sale or 1452
transportation of cannabis or cannabis products by a cannabis 1453
establishment or employee thereof shall not be unlawful and shall not 1454
be an offense or a basis for seizure or forfeiture of assets so long as such 1455
purchase, possession, display, sale or transportation is within the scope 1456
of such person's employment or such person's license or registration and 1457
is in compliance with the laws and regulations that apply to such license 1458
or registration type. 1459
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Sec. 40. (NEW) (Effective July 1, 2021) No cannabis establishment shall 1460
display cannabis, cannabis products or drug paraphernalia in a manner 1461
that is visible to the general public from a public right-of-way not on 1462
state lands or waters managed by the Department of Energy and 1463
Environmental Protection. 1464
Sec. 41. (NEW) (Effective July 1, 2021) (a) Each cannabis establishment 1465
shall establish, maintain and comply with written policies and 1466
procedures for the cultivation, processing, manufacture, security, 1467
storage, inventory and distribution of cannabis and cannabis products, 1468
as applicable to the specific license type. Such policies and procedures 1469
shall include methods for identifying, recording and reporting 1470
diversion, theft or loss, and for correcting all errors and inaccuracies in 1471
inventories. Cannabis establishments shall include in their written 1472
policies and procedures a process for each of the following, if the 1473
establishment engages in such activity: 1474
(1) Handling mandatory and voluntary recalls of cannabis and 1475
cannabis products. Such process shall be adequate to deal with recalls 1476
due to any order of the commissioner and any voluntary action by the 1477
cannabis establishment to remove defective or potentially defective 1478
cannabis or cannabis products from the market or any action 1479
undertaken to promote public health and safety by replacing existing 1480
cannabis or cannabis products with improved products or packaging; 1481
(2) Preparing for, protecting against and handling any crisis that 1482
affects the security or operation of any cannabis establishment facility in 1483
the event of a strike, fire, flood or other natural disaster, or other 1484
situations of local, state or national emergency; 1485
(3) Ensuring that any outdated, damaged, deteriorated, misbranded 1486
or adulterated cannabis or cannabis products are segregated from all 1487
other inventory and destroyed. Such procedure shall provide for written 1488
documentation of the cannabis and cannabis product disposition; and 1489
(4) Ensuring the oldest stock of a cannabis or cannabis product is sold, 1490
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delivered or dispensed first. Such procedure may permit deviation from 1491
this requirement, if such deviation is temporary and approved by the 1492
commissioner. 1493
(b) A cannabis establishment shall (1) store all cannabis and cannabis 1494
products in such a manner as to prevent diversion, theft or loss, (2) make 1495
cannabis and cannabis products accessible only to the minimum 1496
number of specifically authorized employees essential for efficient 1497
operation, and (3) return any cannabis and cannabis products to a secure 1498
location at the end of the scheduled business day. 1499
Sec. 42. (NEW) (Effective July 1, 2021) (a) Qualifying patients and 1500
caregivers registered pursuant to chapter 420f of the general statutes 1501
shall be permitted to purchase cannabis and cannabis products of higher 1502
potency, varied dosage form, and in a larger per transaction or per day 1503
amount than are generally available for retail purchase, as determined 1504
by the commissioner. Such determination, if any, shall be published on 1505
the Department of Consumer Protection's Internet web site. 1506
(b) Notwithstanding any provision of the general statutes, the sale or 1507
delivery of drug paraphernalia to a qualifying patient or person licensed 1508
pursuant to the provisions of this act or chapter 420f of the general 1509
statutes, shall not be considered a violation of the provisions of sections 1510
1, 3 and 4 of this act, sections 6 to 10, inclusive, of this act, sections 12 to 1511
45, inclusive, of this act, sections 47 to 52, inclusive, of this act, sections 1512
58 to 61, inclusive, of this act, sections 65 to 68, inclusive, of this act, 1513
sections 74 to 76, inclusive, of this act, sections 78 to 89, inclusive, of this 1514
act, section 21a-243 of the general statutes, as amended by this act, or 1515
section 21a-408t of the general statutes, as amended by this act. 1516
Sec. 43. (NEW) (Effective January 1, 2022) (a) Each cannabis 1517
establishment, licensed pursuant to chapter 420f of the general statutes 1518
and the provisions of this act, shall maintain a record of all cannabis 1519
grown, manufactured, wasted and distributed between cannabis 1520
establishments and to end-user consumers, qualifying patients and 1521
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caregivers in a form and manner prescribed by the commissioner. The 1522
commissioner shall require an electronic tracking system to monitor the 1523
production, harvesting, storage, manufacturing and transfer of cannabis 1524
from the point of planting cannabis seeds through the point when the 1525
final product is sold to an end-user. Cannabis establishments shall be 1526
required to utilize such electronic tracking system and enter the data 1527
points required by the commissioner to ensure cannabis and cannabis 1528
products are safe, secure and properly labeled for consumer or 1529
qualifying patient use. The commissioner may contract with one or 1530
more vendors for the purpose of electronically collecting such cannabis 1531
information. 1532
(b) The electronic tracking system shall not collect information about 1533
any individual consumer, qualifying patient or caregiver purchasing the 1534
cannabis or cannabis product. 1535
(c) The electronic tracking system shall track each cannabis seed, 1536
clone, seedling or other commencement of the growth of a cannabis 1537
plant intended for use by a cannabis establishment. 1538
(d) Information within the electronic tracking system shall be 1539
confidential and shall not be subject to disclosure under the Freedom of 1540
Information Act, as defined in section 1-200 of the general statutes 1541
except that reasonable access to cannabis tracking data obtained under 1542
this section may be provided to: (1) State agencies and local law 1543
enforcement agencies for the purpose of investigating or prosecuting a 1544
violation of law; (2) public or private entities for research or educational 1545
purposes, provided no individually identifiable information may be 1546
disclosed; (3) as part of disciplinary action taken by the department, by 1547
another state agency or local law enforcement; and (4) the Office of the 1548
Attorney General for any review or investigation. The commissioner 1549
shall provide access to the electronic tracking system to the Department 1550
of Revenue Services for the purposes of enforcement of any tax-related 1551
investigations and audits. 1552
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Sec. 44. (NEW) (Effective July 1, 2021) (a) Each cannabis establishment 1553
shall maintain all records necessary to fully demonstrate business 1554
transactions related to cannabis and cannabis products for a period 1555
covering the current taxable year and the three immediately preceding 1556
taxable years, all of which shall be made available to the department 1557
pursuant to subsection (c) of this section. 1558
(b) The commissioner may require any licensee to furnish such 1559
information as the commissioner considers necessary for the proper 1560
administration of sections 1, 3 and 4 of this act, sections 6 to 10, inclusive, 1561
of this act, sections 12 to 45, inclusive, of this act, sections 47 to 52, 1562
inclusive, of this act, sections 58 to 61, inclusive, of this act, sections 65 1563
to 68, inclusive, of this act, sections 74 to 76, inclusive, of this act, sections 1564
78 to 89, inclusive, of this act, section 21a-243 of the general statutes, as 1565
amended by this act, and section 21a-408t of the general statutes, as 1566
amended by this act, and may require an audit of any cannabis 1567
establishment, the expense thereof to be paid by such cannabis 1568
establishment. 1569
(c) Each cannabis establishment, and each person in charge, or having 1570
custody, of such documents, shall maintain such documents in an 1571
auditable format for the current taxable year and the three preceding 1572
taxable years. Upon request, such person shall make such documents 1573
immediately available for inspection and copying by the commissioner 1574
or any other enforcement agency or others authorized by sections 1, 3 1575
and 4 of this act, sections 6 to 10, inclusive, of this act, sections 12 to 45, 1576
inclusive, of this act, sections 47 to 52, inclusive, of this act, sections 58 1577
to 61, inclusive, of this act, sections 65 to 68, inclusive, of this act, sections 1578
74 to 76, inclusive, of this act, sections 78 to 89, inclusive, of this act, 1579
section 21a-243 of the general statutes, as amended by this act, and 1580
section 21a-408t of the general statutes, as amended by this act, and shall 1581
produce copies of such documents to the commissioner or 1582
commissioner's authorized representative within two business days. 1583
Such documents shall be provided to the commissioner in electronic 1584
format, unless not commercially practical. In complying with the 1585
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provisions of this subsection, no person shall use a foreign language, 1586
codes or symbols to designate cannabis or cannabis product types or 1587
persons in the keeping of any required document. 1588
(d) For purposes of the supervision and enforcement of the 1589
provisions of sections 1, 3 and 4 of this act, sections 6 to 10, inclusive, of 1590
this act, sections 12 to 45, inclusive, of this act, sections 47 to 52, 1591
inclusive, of this act, sections 58 to 61, inclusive, of this act, sections 65 1592
to 68, inclusive, of this act, sections 74 to 76, inclusive, of this act, sections 1593
78 to 89, inclusive, of this act, section 21a-408t of the general statutes, as 1594
amended by this act, and section 21a-243 of the general statutes, as 1595
amended by this act, the commissioner is authorized to: 1596
(1) Enter any place, including a vehicle, in which cannabis or cannabis 1597
products are held, sold, produced, deliv ered, transported, 1598
manufactured or otherwise disposed of; 1599
(2) Inspect a cannabis establishment and all pertinent equipment, 1600
finished and unfinished material, containers and labeling, and all things 1601
in such place, including records, files, financial data, sales data, shipping 1602
data, pricing data, employee data, research, papers, processes, controls 1603
and facilities; and 1604
(3) Inventory any stock of cannabis and cannabis products and obtain 1605
samples of any cannabis or cannabis product, any labels or containers, 1606
paraphernalia and of any finished or unfinished material. 1607
Sec. 45. (NEW) (Effective July 1, 2021) (a) For sufficient cause found 1608
pursuant to subsection (b) of this section, the commissioner may 1609
suspend, revoke, issue fines of not more than twenty-five thousand 1610
dollars per violation, accept an offer in compromise or refuse to grant or 1611
renew a license or registration issued pursuant to this act, or place such 1612
licensee on probation, place conditions on such licensee or take other 1613
actions permitted by statute or regulation. 1614
(b) Any of the following shall constitute sufficient cause for such 1615
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action by the commissioner, including, but not limited to: 1616
(1) Furnishing of false or fraudulent information in any application 1617
or failure to comply with representations made in any application, 1618
including, but not limited to, medical preservation plans and security 1619
requirements; 1620
(2) A civil judgment against or disqualifying conviction of a cannabis 1621
establishment licensee, backer, key employee or license applicant; 1622
(3) Failure to maintain effective controls against diversion, theft or 1623
loss of cannabis, cannabis products or other controlled substances; 1624
(4) Discipline by, or a pending disciplinary action or an unresolved 1625
complaint against a cannabis establishment licensee, registrant or 1626
applicant regarding any professional license or registration of any 1627
federal, state or local government; 1628
(5) Failure to keep accurate records and to account for the cultivation, 1629
manufacture, packaging or sale of cannabis and cannabis products; 1630
(6) Denial, suspension or revocation of a license or registration, or the 1631
denial of a renewal of a license or registration, by any federal, state or 1632
local government or a foreign jurisdiction; 1633
(7) False, misleading or deceptive representations to the public or the 1634
department; 1635
(8) Return to regular stock of any cannabis or cannabis product 1636
where: 1637
(A) The package or container containing the cannabis or cannabis 1638
product has been opened, breached, tampered with or otherwise 1639
adulterated; or 1640
(B) The cannabis or cannabis product has been previously sold to an 1641
end user or research program subject; 1642
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(9) Involvement in a fraudulent or deceitful practice or transaction; 1643
(10) Performance of incompetent or negligent work; 1644
(11) Failure to maintain the entire cannabis establishment or 1645
laboratory and contents in a secure, clean, orderly and sanitary 1646
condition; 1647
(12) Permitting another person to use the licensee's license; 1648
(13) Failure to properly register employees or license key employees, 1649
or failure to notify the department of a change in key employees or 1650
backers; 1651
(14) Adverse administrative decision or delinquency assessment 1652
against the cannabis establishment from the Department of Revenue 1653
Services; 1654
(15) Failure to cooperate or give information to the department, local 1655
law enforcement authorities or any other enforcement agency upon any 1656
matter arising out of conduct at a cannabis establishment or laboratory 1657
or in connection with a research program; or 1658
(16) Failure to comply with any provision of this act, section 21a-243 1659
of the general statutes, as amended by this act, or section 21a-408t of the 1660
general statutes, as amended by this act. 1661
(c) Upon refusal to issue or renew a license or registration, the 1662
commissioner shall notify the applicant of the denial and of the 1663
applicant's right to request a hearing within ten days from the date of 1664
receipt of the notice of denial. If the applicant requests a hearing within 1665
such ten days, the commissioner shall give notice of the grounds for the 1666
commissioner's refusal and shall conduct a hearing concerning such 1667
refusal in accordance with the provisions of chapter 54 of the general 1668
statutes concerning contested cases. If the commissioner's denial of a 1669
license or registration is sustained after such hearing, an applicant shall 1670
not apply for a new cannabis establishment or employee license or 1671
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employee registration for a period of at least one year after the date on 1672
which such denial was sustained. 1673
(d) No person whose license or registration has been revoked may 1674
apply for a cannabis establishment, backer or key employee license or 1675
an employee registration for a period of at least one year after the date 1676
of such revocation. 1677
(e) If a license or registration is voluntarily surrendered or is not 1678
renewed, the commissioner shall not be prohibited from suspending or 1679
revoking such license or registration or imposing other penalties 1680
permitted by sections 1, 3 and 4 of this act, sections 6 to 10, inclusive, of 1681
this act, sections 12 to 45, inclusive, of this act, sections 47 to 52, 1682
inclusive, of this act, sections 58 to 61, inclusive, of this act, sections 65 1683
to 68, inclusive, of this act, sections 74 to 76, inclusive, of this act, sections 1684
78 to 89, inclusive, of this act, section 21a-243 of the general statutes, as 1685
amended by this act, or section 21a-408t of the general statutes, as 1686
amended by this act. 1687
Sec. 46. (NEW) (Effective from passage) The commissioner may adopt 1688
regulations in accordance with chapter 54 of the general statutes, 1689
including emergency regulations pursuant to section 4-168 of the 1690
general statutes, to implement the provisions of sections 1, 3 and 4 of 1691
this act, sections 6 to 10, inclusive, of this act, sections 12 to 45, inclusive, 1692
of this act, sections 47 to 52, inclusive, of this act, sections 58 to 61, 1693
inclusive, of this act, sections 65 to 68, inclusive, of this act, sections 74 1694
to 76, inclusive, of this act, sections 78 to 89, inclusive, of this act, section 1695
21a-243 of the general statutes, as amended by this act, and section 21a-1696
408t of the general statutes, as amended by this act. 1697
Sec. 47. (NEW) (Effective July 1, 2022) Not later than January 1, 2023, 1698
the department shall make written recommendations, in accordance 1699
with the provisions of section 11-4a of the general statutes, to the 1700
Governor and the joint standing committees of the General Assembly 1701
having cognizance of matters relating to consumer protection, the 1702
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judiciary and finance, revenue and bonding, as to: 1703
(1) Whether to allow consumers or qualifying patients and caregivers 1704
under chapter 420f of the general statutes, who are twenty-one years of 1705
age and older, to cultivate cannabis for the qualifying patient's use. In 1706
making such recommendation the commissioner shall consider: (A) 1707
Reasonable precautions to ensure that the plants are secure from 1708
unauthorized access or access by any individual under twenty-one 1709
years of age; (B) the location where such cannabis may be grown; (C) 1710
how other states allow home growing and how such states are 1711
regulating personal cultivation; (D) if personal cultivation in other states 1712
has improved access for patients and consumers; and (E) any other 1713
related public safety or regulatory issues the department deems 1714
necessary; and 1715
(2) Whether to authorize on-site consumption or events that allow for 1716
cannabis usage, including whether to establish a cannabis on-site 1717
consumption or event license. 1718
Sec. 48. (NEW) (Effective July 1, 2021) (a) For purposes of this section: 1719
(1) "Material change" means: (A) The addition of a backer, (B) a 1720
change in the ownership interest of an existing backer, (C) the merger, 1721
consolidation or other affiliation of a cannabis establishment with 1722
another cannabis establishment, (D) the acquisition of all or part of a 1723
cannabis establishment by another cannabis establishment or backer, 1724
and (E) the transfer of assets or security interests from a cannabis 1725
establishment to another cannabis establishment or backer; 1726
(2) "Medical marijuana business" means a medical marijuana 1727
dispensary facility or production facility, licensed pursuant to chapter 1728
420f of the general statutes and the regulations promulgated 1729
thereunder; 1730
(3) "Cannabis establishment" has the same meaning as provided in 1731
section 1 of this act; 1732
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(4) "Person" has the same meaning as provided in section 1 of this act; 1733
and 1734
(5) "Transfer" means to sell, transfer, lease, exchange, option, convey, 1735
give or otherwise dispose of or transfer control over, including, but not 1736
limited to, transfer by way of merger or joint venture not in the ordinary 1737
course of business. 1738
(b) No person shall, directly or indirectly, enter into a transaction that 1739
results in a material change to a cannabis establishment, unless all 1740
parties involved in the transaction file a written notification with the 1741
Attorney General pursuant to subsection (c) of this section and the 1742
waiting period described in subsection (d) of this section has expired. 1743
(c) The written notice required under subsection (b) of this section 1744
shall be in such form and contain such documentary material and 1745
information relevant to the proposed transaction as the Attorney 1746
General deems necessary and appropriate to enable the Attorney 1747
General to determine whether such transaction, if consummated, would 1748
violate antitrust laws. 1749
(d) The waiting period required under subsection (b) of this section 1750
shall begin on the date of the receipt by the Attorney General's office of 1751
the completed notification required under subsection (c) of this section 1752
from all parties to the transaction and shall end on the thirtieth day after 1753
the date of such receipt, unless such time is extended pursuant to 1754
subsection (f) of this section. 1755
(e) The Attorney General may, in individual cases, terminate the 1756
waiting period specified in subsection (d) of this section and allow any 1757
person to proceed with any transaction. 1758
(f) The Attorney General may, prior to the expiration of the thirty-day 1759
waiting period, require the submission of additional information or 1760
documentary material relevant to the proposed acquisition from a 1761
person required to file notification with respect to such acquisition 1762
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under subsection (b) of this section. Upon request for additional 1763
information under this subsection, the waiting period shall be extended 1764
until thirty days after the parties have substantially complied, as 1765
determined solely by the Attorney General, with such request for 1766
additional information. 1767
(g) Any information or documentary material filed with the Attorney 1768
General pursuant to this section shall not be subject to disclosure under 1769
the Freedom of Information Act, as defined in section 1-200 of the 1770
general statutes, and no such information or documentary material may 1771
be made public, except as may be relevant to any administrative or 1772
judicial action or proceeding. Such information or documentary 1773
material shall be returned to the person furnishing such information or 1774
documentary material upon the termination of the Attorney General's 1775
review or final determination of any action or proceeding commenced 1776
thereunder. 1777
(h) (1) Any person, or any officer, director or partner thereof, who 1778
fails to comply with any provision of this section shall be liable to the 1779
state for a civil penalty of not more than twenty-five thousand dollars 1780
for each day during which such person is in violation of this section. 1781
Such penalty may be recovered in a civil action brought by the Attorney 1782
General. 1783
(2) If any person, or any officer, director, partner, agent or employee 1784
thereof, fails substantially to comply with the notification requirement 1785
under subsection (b) of this section or any request for the submission of 1786
additional information or documentary material under subsection (f) of 1787
this section within the waiting period specified in subsection (d) of this 1788
section and as may be extended under subsection (f) of this section, the 1789
court: 1790
(A) May order compliance; 1791
(B) Shall extend the waiting period specified in subsection (d) of this 1792
section and as may have been extended under subsection (f) of this 1793
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section until there has been substantial compliance, except that, in the 1794
case of a tender offer, the court may not extend such waiting period on 1795
the basis of a failure, by the person whose stock is sought to be acquired, 1796
to comply substantially with such notification requirement or any such 1797
request; and 1798
(C) May grant such other equitable relief as the court in its discretion 1799
determines necessary or appropriate, upon application of the Attorney 1800
General. 1801
Sec. 49. (NEW) (Effective July 1, 2022) Each cannabis establishment 1802
shall annually report publicly in a manner prescribed by the 1803
commissioner: (1) Its annual usage of electricity, and (2) what fraction 1804
of its electricity usage is generated from Class I Renewable Portfolio 1805
Standards produced in the state per the Regional Greenhouse Gas 1806
Initiative agreement. Each cannabis establishment shall purchase 1807
electricity generated from Class I Renewable Portfolio Standards 1808
produced in the states that are party to the Regional Greenhouse Gas 1809
Initiative agreement, to the greatest extent possible. 1810
Sec. 50. (NEW) (Effective from passage) Not later than January 1, 2022, 1811
the Banking Commissioner, in consultation with the Commissioner of 1812
Consumer Protection, shall report to the Governor and the joint 1813
standing committees of the General Assembly having cognizance of 1814
matters relating to banking, the judiciary and finance, revenue and 1815
bonding, regarding recommended legislation to implement the 1816
provisions of sections 1, 3 and 4 of this act, sections 6 to 10, inclusive, of 1817
this act, sections 12 to 45, inclusive, of this act, sections 47 to 52, 1818
inclusive, of this act, sections 58 to 61, inclusive, of this act, sections 65 1819
to 68, inclusive, of this act, sections 74 to 76, inclusive, of this act, 1820
sections 78 to 89, inclusive, of this act, section 21a-243 of the general 1821
statutes, as amended by this act, and section 21a-408t of the general 1822
statutes, as amended by this act, to facilitate the use of electronic 1823
payments by cannabis establishments and consumers and regarding 1824
access for cannabis establishments to (1) depository banking, and (2) 1825
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commercial mortgages. 1826
Sec. 51. (NEW) (Effective from passage) Not later than January 1, 2022, 1827
the Insurance Commissioner shall report to the Governor and the joint 1828
standing committee of the General Assembly having cognizance of 1829
matters relating to insurance regarding access to insurance by cannabis 1830
establishments. 1831
Sec. 52. (NEW) (Effective from passage) Not later than January 1, 2023, 1832
the Alcohol and Drug Policy Council shall make recommendations to 1833
the Governor and the joint standing committees of the General 1834
Assembly having cognizance of matters relating to public health, the 1835
judiciary and finance, revenue and bonding regarding (1) efforts to 1836
promote public health, mitigate misuse and the risk of addiction to 1837
cannabis and the effective treatment of addiction to cannabis with a 1838
particular focus on individuals under twenty-one years of age; and (2) 1839
the collection and reporting of data so as to allow for surveillance and 1840
review of cannabis consumption and the impacts thereof in the state. 1841
Sec. 53. Section 21a-408 of the general statutes is repealed and the 1842
following is substituted in lieu thereof (Effective October 1, 2021): 1843
As used in this section, sections 21a-408a to 21a-408o, inclusive, and 1844
sections 21a-408r to 21a-408v, inclusive, unless the context otherwise 1845
requires: 1846
(1) "Advanced practice registered nurse" means an advanced practice 1847
registered nurse licensed pursuant to chapter 378; 1848
(2) "Cultivation" includes planting, propagating, cultivating, growing 1849
and harvesting; 1850
(3) "Debilitating medical condition" means (A) cancer, glaucoma, 1851
positive status for human immunodeficiency virus or acquired immune 1852
deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 1853
the nervous tissue of the spinal cord with objective neurological 1854
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indication of intractable spasticity, epilepsy or uncontrolled intractable 1855
seizure disorder, cachexia, wasting syndrome, Crohn's disease, 1856
posttraumatic stress disorder, irreversible spinal cord injury with 1857
objective neurological indication of intractable spasticity, cerebral palsy, 1858
cystic fibrosis or terminal illness requiring end-of-life care, except, if the 1859
qualifying patient is under eighteen years of age, "debilitating medical 1860
condition" means terminal illness requiring end-of-life care, irreversible 1861
spinal cord injury with objective neurological indication of intractable 1862
spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 1863
intractable seizure disorder, or (B) any medical condition, medical 1864
treatment or disease approved for qualifying patients by the 1865
Department of Consumer Protection pursuant to regulations adopted 1866
under section 21a-408m; 1867
(4) "Dispensary facility" means a place of business where marijuana 1868
may be dispensed, sold or distributed in accordance with section 21a-1869
408-35 of the regulations of state agencies to qualifying patients and 1870
caregivers and for which the department has issued a dispensary facility 1871
license pursuant to chapter 420f and section 21a-408-14 of the 1872
regulations of state agencies; 1873
(5) "Employee" has the same meaning as provided in section 1 of this 1874
act; 1875
[(4)] (6) "Institutional animal care and use committee" means a 1876
committee that oversees an organization's animal program, facilities 1877
and procedures to ensure compliance with federal policies, guidelines 1878
and principles related to the care and use of animals in research; 1879
[(5)] (7) "Institutional review board" means a specifically constituted 1880
review body established or designated by an organization to protect the 1881
rights and welfare of persons recruited to participate in biomedical, 1882
behavioral or social science research; 1883
[(6)] (8) "Laboratory" means a laboratory located in the state that is 1884
licensed [to provide analysis of controlled substances pursuant to 1885
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section 21a-246 and] pursuant to section 21a-408r; 1886
[(7)] (9) "Laboratory employee" means a person who is [(A) licensed] 1887
registered as a laboratory employee pursuant to section 21a-408r; [, or 1888
(B) holds a temporary certificate of registration issued pursuant to 1889
section 21a-408r;] 1890
[(8)] (10) "Licensed dispensary" or "dispensary" means [a person] an 1891
individual who is a licensed [as] pharmacist employed by a dispensary 1892
[pursuant to section 21a-408h] facility or hybrid retailer; 1893
[(9)] (11) "Licensed producer" or "producer" means a person who is 1894
licensed as a producer pursuant to section 21a-408i; 1895
[(10)] (12) "Marijuana" means marijuana, as defined in section 21a-1896
240; 1897
[(11)] (13) "Nurse" means a person who is licensed as a nurse under 1898
chapter 378; 1899
[(12)] (14) "Palliative use" means the acquisition, distribution, 1900
transfer, possession, use or transportation of marijuana or paraphernalia 1901
relating to marijuana, including the transfer of marijuana and 1902
paraphernalia relating to marijuana from the patient's [primary] 1903
caregiver to the qualifying patient, to alleviate a qualifying patient's 1904
symptoms of a debilitating medical condition or the effects of such 1905
symptoms, but does not include any such use of marijuana by any 1906
person other than the qualifying patient; 1907
[(13)] (15) "Paraphernalia" means drug paraphernalia, as defined in 1908
section 21a-240; 1909
[(14)] (16) "Physician" means a person who is licensed as a physician 1910
under chapter 370, but does not include a physician assistant, as defined 1911
in section 20-12a; 1912
[(15)] (17) ["Primary caregiver"] "Caregiver" means a person, other 1913
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than the qualifying patient and the qualifying patient's physician or 1914
advanced practice registered nurse, who is eighteen years of age or older 1915
and has agreed to undertake responsibility for managing the well-being 1916
of the qualifying patient with respect to the palliative use of marijuana, 1917
provided (A) in the case of a qualifying patient (i) under eighteen years 1918
of age and not an emancipated minor, or (ii) otherwise lacking legal 1919
capacity, such person shall be a parent, guardian or person having legal 1920
custody of such qualifying patient, and (B) in the case of a qualifying 1921
patient eighteen years of age or older or an emancipated minor, the need 1922
for such person shall be evaluated by the qualifying patient's physician 1923
or advanced practice registered nurse and such need shall be 1924
documented in the written certification; 1925
[(16)] (18) "Qualifying patient" means a person who: (A) Is a resident 1926
of Connecticut, (B) has been diagnosed by a physician or an advanced 1927
practice registered nurse as having a debilitating medical condition, and 1928
(C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or 1929
(iii) has written consent from a custodial parent, guardian or other 1930
person having legal custody of such person that indicates that such 1931
person has permission from such parent, guardian or other person for 1932
the palliative use of marijuana for a debilitating medical condition and 1933
that such parent, guardian or other person will (I) serve as a [primary] 1934
caregiver for the qualifying patient, and (II) control the acquisition and 1935
possession of marijuana and any related paraphernalia for palliative use 1936
on behalf of such person. "Qualifying patient" does not include an 1937
inmate confined in a correctional institution or facility under the 1938
supervision of the Department of Correction; 1939
[(17)] (19) "Research program" means a study approved by the 1940
Department of Consumer Protection in accordance with this chapter 1941
and undertaken to increase information or knowledge regarding the 1942
growth, processing, medical attributes, dosage forms, administration or 1943
use of marijuana to treat or alleviate symptoms of any medical 1944
conditions or the effects of such symptoms; 1945
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[(18)] (20) "Research program employee" means a person who (A) is 1946
[licensed] registered as a research program employee under section 21a-1947
408t, or (B) holds a temporary certificate of registration issued pursuant 1948
to section 21a-408t; 1949
[(19)] (21) "Research program subject" means a person registered as a 1950
research program subject pursuant to section 21a-408v; 1951
[(20)] (22) "Usable marijuana" means the dried leaves and flowers of 1952
the marijuana plant, and any mixtures or preparations of such leaves 1953
and flowers, that are appropriate for the palliative use of marijuana, but 1954
does not include the seeds, stalks and roots of the marijuana plant; and 1955
[(21)] (23) "Written certification" means a written certification issued 1956
by a physician or an advanced practice registered nurse pursuant to 1957
section 21a-408c. 1958
Sec. 54. Section 21a-408a of the general statutes is repealed and the 1959
following is substituted in lieu thereof (Effective July 1, 2021): 1960
(a) A qualifying patient shall register with the Department of 1961
Consumer Protection pursuant to section 21a-408d prior to engaging in 1962
the palliative use of marijuana. A qualifying patient who has a valid 1963
registration certificate from the Department of Consumer Protection 1964
pursuant to subsection (a) of section 21a-408d and complies with the 1965
requirements of sections 21a-408 to 21a-408n, inclusive, shall not be 1966
subject to arrest or prosecution, penalized in any manner, including, but 1967
not limited to, being subject to any civil penalty, or denied any right or 1968
privilege, including, but not limited to, being subject to any disciplinary 1969
action by a professional licensing board, for the palliative use of 1970
marijuana if: 1971
(1) The qualifying patient's physician or advanced practice registered 1972
nurse has issued a written certification to the qualifying patient for the 1973
palliative use of marijuana after the physician or advanced practice 1974
registered nurse has prescribed, or determined it is not in the best 1975
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interest of the patient to prescribe, prescription drugs to address the 1976
symptoms or effects for which the certification is being issued; 1977
(2) The combined amount of marijuana possessed by the qualifying 1978
patient and the [primary] caregiver for palliative use does not exceed 1979
[an amount of usable marijuana reasonably necessary to ensure 1980
uninterrupted availability for a period of one month, as determined by 1981
the Department of Consumer Protection pursuant to regulations 1982
adopted under section 21a-408m] five ounces; and 1983
(3) The qualifying patient has not more than one [primary] caregiver 1984
at any time. 1985
(b) The provisions of subsection (a) of this section do not apply to: 1986
(1) Any palliative use of marijuana that endangers the health or well-1987
being of a person other than the qualifying patient or the [primary] 1988
caregiver; or 1989
(2) The ingestion of marijuana (A) in a motor bus or a school bus or 1990
in any other moving vehicle, (B) in the workplace, (C) on any school 1991
grounds or any public or private school, dormitory, college or university 1992
property, unless such college or university is participating in a research 1993
program and such use is pursuant to the terms of the research program, 1994
(D) in any public place, or (E) in the presence of a person under the age 1995
of eighteen, unless such person is a qualifying patient or research 1996
program subject. For the purposes of this subdivision, (i) "presence" 1997
means within the direct line of sight of the palliative use of marijuana or 1998
exposure to second-hand marijuana smoke, or both; (ii) "public place" 1999
means any area that is used or held out for use by the public whether 2000
owned or operated by public or private interests; (iii) "vehicle" means a 2001
vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus, 2002
as defined in section 14-1; and (v) "school bus" means a school bus, as 2003
defined in section 14-1. 2004
Sec. 55. Section 21a-408b of the general statutes is repealed and the 2005
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following is substituted in lieu thereof (Effective July 1, 2021): 2006
(a) No person may serve as a [primary] caregiver for a qualifying 2007
patient (1) unless such qualifying patient has a valid registration 2008
certificate from the Department of Consumer Protection pursuant to 2009
subsection (a) of section 21a-408d, and (2) if such person has been 2010
convicted of a violation of any law pertaining to the illegal manufacture, 2011
sale or distribution of a controlled substance. A [primary] caregiver may 2012
not be responsible for the care of more than one qualifying patient at 2013
any time, except that a [primary] caregiver may be responsible for the 2014
care of more than one qualifying patient if the [primary] caregiver and 2015
each qualifying patient have a parental, guardianship, conservatorship 2016
or sibling relationship. 2017
(b) A [primary] caregiver who has a valid registration certificate from 2018
the Department of Consumer Protection pursuant to subsection (a) of 2019
section 21a-408d and complies with the requirements of sections 21a-408 2020
to 21a-408n, inclusive, shall not be subject to arrest or prosecution, 2021
penalized in any manner, including, but not limited to, being subject to 2022
any civil penalty, or denied any right or privilege, including, but not 2023
limited to, being subject to any disciplinary action by a professional 2024
licensing board, for the acquisition, distribution, possession or 2025
transportation of marijuana or paraphernalia related to marijuana on 2026
behalf of such [primary] caregiver's qualifying patient, provided [(1)] 2027
the amount of any marijuana so acquired, distributed, possessed or 2028
transported, together with the combined amount of usable marijuana 2029
possessed by the qualifying patient and the [primary] caregiver, does 2030
not exceed [an amount reasonably necessary to ensure uninterrupted 2031
availability for a period of one month, as determined by the Department 2032
of Consumer Protection pursuant to regulations adopted under section 2033
21a-408m, and (2) such amount is obtained solely within this state from 2034
a licensed dispensary. Any person with a valid registration certificate 2035
who is found to be in possession of marijuana that did not originate from 2036
the selected dispensary may be subject to a hearing before the 2037
commissioner for possible enforcement action concerning the 2038
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registration certificate issued by the department] the maximum 2039
possession limit set forth in chapter 420f. For the purposes of this 2040
subsection, [“distribution” or “distributed”] "distribution" or 2041
"distributed" means the transfer of marijuana and paraphernalia related 2042
to marijuana from the [primary] caregiver to the qualifying patient. 2043
(c) A dispensary shall not dispense any marijuana product in a 2044
smokable, inhalable or vaporizable form to a [primary] caregiver for a 2045
qualifying patient who is under eighteen years of age. 2046
Sec. 56. Section 21a-408c of the general statutes is repealed and the 2047
following is substituted in lieu thereof (Effective July 1, 2021): 2048
(a) A physician or an advanced practice registered nurse may issue a 2049
written certification to a qualifying patient that authorizes the palliative 2050
use of marijuana by the qualifying patient. Such written certification 2051
shall be in the form prescribed by the Department of Consumer 2052
Protection and shall include a statement signed and dated by the 2053
qualifying patient's physician or advanced practice registered nurse 2054
stating that, in such physician's or advanced practice registered nurse's 2055
professional opinion, the qualifying patient has a debilitating medical 2056
condition and the potential benefits of the palliative use of marijuana 2057
would likely outweigh the health risks of such use to the qualifying 2058
patient. 2059
(b) Any written certification for the palliative use of marijuana issued 2060
by a physician or an advanced practice registered nurse under 2061
subsection (a) of this section shall be valid for a period not to exceed one 2062
year from the date such written certification is signed and dated by the 2063
physician or advanced practice registered nurse. Not later than ten 2064
calendar days after the expiration of such period, or at any time before 2065
the expiration of such period should the qualifying patient no longer 2066
wish to possess marijuana for palliative use, the qualifying patient or 2067
the [primary] caregiver shall destroy all usable marijuana possessed by 2068
the qualifying patient and the [primary] caregiver for palliative use. 2069
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(c) A physician or an advanced practice registered nurse shall not be 2070
subject to arrest or prosecution, penalized in any manner, including, but 2071
not limited to, being subject to any civil penalty, or denied any right or 2072
privilege, including, but not limited to, being subject to any disciplinary 2073
action by the Connecticut Medical Examining Board, the Connecticut 2074
State Board of Examiners for Nursing or other professional licensing 2075
board, for providing a written certification for the palliative use of 2076
marijuana under subdivision (1) of subsection (a) of section 21a-408a if: 2077
(1) The physician or advanced practice registered nurse has 2078
diagnosed the qualifying patient as having a debilitating medical 2079
condition; 2080
(2) The physician or advanced practice registered nurse has explained 2081
the potential risks and benefits of the palliative use of marijuana to the 2082
qualifying patient and, if the qualifying patient lacks legal capacity, to a 2083
parent, guardian or person having legal custody of the qualifying 2084
patient; 2085
(3) The written certification issued by the physician or advanced 2086
practice registered nurse is based upon the physician's or advanced 2087
practice registered nurse's professional opinion after having completed 2088
a medically reasonable assessment of the qualifying patient's medical 2089
history and current medical condition made in the course of a bona fide 2090
health care professional-patient relationship; and 2091
(4) The physician or advanced practice registered nurse has no 2092
financial interest in a dispensary [licensed under section 21a-408h] 2093
facility or a producer licensed under section 21a-408i. 2094
(d) A nurse shall not be subject to arrest or prosecution, penalized in 2095
any manner, including, but not limited to, being subject to any civil 2096
penalty, or denied any right or privilege, including, but not limited to, 2097
being subject to any disciplinary action by the Board of Examiners for 2098
Nursing, or other professional licensing board, for administering 2099
marijuana to a qualifying patient or research program subject in a 2100
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hospital or health care facility licensed by the Department of Public 2101
Health. 2102
(e) Notwithstanding the provisions of this section, sections 21a-408 to 2103
21a-408b, inclusive, and sections 21a-408d to 21a-408o, inclusive, an 2104
advanced practice registered nurse shall not issue a written certification 2105
to a qualifying patient when the qualifying patient's debilitating medical 2106
condition is glaucoma. 2107
Sec. 57. Section 21a-408d of the general statutes is repealed and the 2108
following is substituted in lieu thereof (Effective October 1, 2021): 2109
(a) Each qualifying patient who is issued a written certification for the 2110
palliative use of marijuana under subdivision (1) of subsection (a) of 2111
section 21a-408a, and the [primary] caregiver of such qualifying patient, 2112
shall register with the Department of Consumer Protection. Such 2113
registration shall be effective from the date the Department of 2114
Consumer Protection issues a certificate of registration until the 2115
expiration of the written certification issued by the physician or 2116
advanced practice registered nurse. The qualifying patient and the 2117
[primary] caregiver shall provide sufficient identifying information, as 2118
determined by the department, to establish the personal identity of the 2119
qualifying patient and the [primary] caregiver. If the qualifying patient 2120
is under eighteen years of age and not an emancipated minor, the 2121
custodial parent, guardian or other person having legal custody of the 2122
qualifying patient shall also provide a letter from both the qualifying 2123
patient's [primary] care provider and a physician who is board certified 2124
in an area of medicine involved in the treatment of the debilitating 2125
condition for which the qualifying patient was certified that confirms 2126
that the palliative use of marijuana is in the best interest of the qualifying 2127
patient. A physician may issue a written certification for the palliative 2128
use of marijuana by a qualifying patient who is under eighteen years of 2129
age, provided such written certification shall not be for marijuana in a 2130
dosage form that requires that the marijuana be smoked, inhaled or 2131
vaporized. The qualifying patient or the [primary] caregiver shall report 2132
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any change in the identifying information to the department not later 2133
than five business days after such change. The department shall issue a 2134
registration certificate to the qualifying patient and to the [primary] 2135
caregiver and may charge a reasonable fee, not to exceed twenty-five 2136
dollars, for each registration certificate issued under this subsection. 2137
Any registration fees collected by the department under this subsection 2138
shall be paid to the State Treasurer and credited to the General Fund. 2139
[(b) The qualifying patient, or, if the qualifying patient is under 2140
eighteen years of age and not an emancipated minor, the custodial 2141
parent, guardian or other person having legal custody of the qualifying 2142
patient, shall select a licensed, in-state dispensary to obtain the palliative 2143
marijuana products at the time of registration. Upon the issuance of the 2144
certificate of registration by the department, the qualifying patient, or 2145
the qualifying patient's custodial parent, guardian or other person 2146
having legal custody of the qualifying patient, shall purchase such 2147
palliative marijuana products from such dispensary, except that the 2148
qualifying patient, or the qualifying patient's custodial parent, guardian 2149
or other person having legal custody of the qualifying patient, may 2150
change such dispensary in accordance with regulations adopted by the 2151
department. Any person with a valid registration certificate who is 2152
found to be in possession of marijuana that did not originate from the 2153
selected dispensary may be subject to hearing before the commissioner 2154
for possible enforcement action concerning the registration certificate 2155
issued by the department.] 2156
[(c)] (b) A dispensary shall not dispense any marijuana products in a 2157
smokable, inhalable or vaporizable form to a qualifying patient who is 2158
under eighteen years of age or such qualifying patient's caregiver. 2159
[(d)] (c) Information obtained under this section shall be confidential 2160
and shall not be subject to disclosure under the Freedom of Information 2161
Act, as defined in section 1-200, except that reasonable access to registry 2162
information obtained under this section and temporary registration 2163
information obtained under section 21a-408n shall be provided to: (1) 2164
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State agencies, federal agencies and local law enforcement agencies for 2165
the purpose of investigating or prosecuting a violation of law; (2) 2166
physicians, advanced practice registered nurses and pharmacists for the 2167
purpose of providing patient care and drug therapy management and 2168
monitoring controlled substances obtained by the qualifying patient; (3) 2169
public or private entities for research or educational purposes, provided 2170
no individually identifiable health information may be disclosed; (4) a 2171
licensed dispensary for the purpose of complying with sections 21a-408 2172
to 21a-408n, inclusive; (5) a qualifying patient, but only with respect to 2173
information related to such qualifying patient or such qualifying 2174
patient's [primary] caregiver; or (6) a [primary] caregiver, but only with 2175
respect to information related to such [primary] caregiver's qualifying 2176
patient. 2177
Sec. 58. Section 21a-408h of the general statutes is repealed and the 2178
following is substituted in lieu thereof (Effective July 1, 2021): 2179
(a) No person may act as a dispensary or represent that such person 2180
is a licensed dispensary unless such person has obtained a license from 2181
the Commissioner of Consumer Protection pursuant to this section. 2182
(b) No person may act as a dispensary facility or represent that such 2183
person is a licensed dispensary facility unless such person has obtained 2184
a license from the Commissioner of Consumer Protection pursuant to 2185
this section. 2186
[(b)] (c) The Commissioner of Consumer Protection shall determine 2187
the number of [dispensaries] dispensary facilities appropriate to meet 2188
the needs of qualifying patients in this state and shall adopt regulations, 2189
in accordance with chapter 54, to provide for the licensure and 2190
standards for [dispensaries] dispensary facilities in this state and specify 2191
the maximum number of [dispensaries] dispensary facilities that may 2192
be licensed in this state. On and after the effective date of such 2193
regulations, the commissioner may license any person who applies for 2194
a license in accordance with such regulations, provided [(1)] the 2195
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commissioner deems such applicant qualified to acquire, possess, 2196
distribute and dispense marijuana pursuant to sections 21a-408 to 21a-2197
408n, inclusive. [, (2) the applicant is a pharmacist licensed under 2198
chapter 400j, and (3) the number of dispensary licenses issued does not 2199
exceed the number appropriate to meet the needs of qualifying patients 2200
in this state, as determined by the commissioner pursuant to this 2201
subsection.] At a minimum, such regulations shall: 2202
(A) Indicate the maximum number of [dispensaries] dispensary 2203
facilities that may be licensed in this state; 2204
[(B) Provide that only a pharmacist licensed under chapter 400j may 2205
apply for and receive a dispensary license;] 2206
[(C)] (B) Provide that no marijuana may be dispensed from, obtained 2207
from or transferred to a location outside of this state; 2208
[(D)] (C) Establish a licensing fee and renewal fee for each [licensed] 2209
dispensary facility, provided such fees shall not be less than the amount 2210
necessary to cover the direct and indirect cost of licensing and 2211
regulating [dispensaries] dispensary facilities pursuant to sections 21a-2212
408 to 21a-408n, inclusive; 2213
[(E)] (D) Provide for renewal of such dispensary facility licenses at 2214
least every two years; 2215
[(F)] (E) Describe areas in this state where [licensed dispensaries] 2216
dispensary facilities may not be located, after considering the criteria for 2217
the location of retail liquor permit premises set forth in subsection (a) of 2218
section 30-46; 2219
[(G)] (F) Establish health, safety and security requirements for 2220
[licensed dispensaries] dispensary facilities, which may include, but 2221
need not be limited to: (i) The ability to maintain adequate control 2222
against the diversion, theft and loss of marijuana acquired or possessed 2223
by the [licensed] dispensary facility, and (ii) the ability to maintain the 2224
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LCO No. 3311 75 of 163
knowledge, understanding, judgment, procedures, security controls 2225
and ethics to ensure optimal safety and accuracy in the distributing, 2226
dispensing and use of palliative marijuana; 2227
[(H)] (G) Establish standards and procedures for revocation, 2228
suspension, summary suspension and nonrenewal of dispensary facility 2229
licenses, provided such standards and procedures are consistent with 2230
the provisions of subsection (c) of section 4-182; and 2231
[(I)] (H) Establish other licensing, renewal and operational standards 2232
deemed necessary by the commissioner. 2233
[(c)] (d) Any fees collected by the Department of Consumer 2234
Protection under this section shall be paid to the State Treasurer and 2235
credited to the General Fund. 2236
[(d)] (e) On or before January 1, 2017, and annually thereafter, each 2237
[licensed] dispensary facility shall report data to the Department of 2238
Consumer Protection relating to the types, mixtures and dosages of 2239
palliative marijuana dispensed by such dispensary facility. A report 2240
prepared pursuant to this subsection shall be in such form as may be 2241
prescribed by the Commissioner of Consumer Protection. 2242
Sec. 59. Section 21a-408j of the general statutes is repealed and the 2243
following is substituted in lieu thereof (Effective October 1, 2021): 2244
(a) No [licensed] dispensary facility or employee of the dispensary 2245
facility may: (1) Acquire marijuana from a person other than a licensed 2246
producer; (2) distribute or dispense marijuana or cannabis to a person 2247
who is not (A) a qualifying patient registered under section 21a-408d or 2248
21a-408n; (B) a [primary] caregiver of such qualifying patient; (C) a 2249
hospice or other inpatient care facility licensed by the Department of 2250
Public Health pursuant to chapter 368v that has protocol for the 2251
handling and distribution of marijuana that has been approved by the 2252
Department of Consumer Protection; (D) a laboratory; [or] (E) an 2253
organization engaged in a research program; or (F) a delivery licensee; 2254
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LCO No. 3311 76 of 163
or (3) obtain or transport marijuana outside of this state in violation of 2255
state or federal law. 2256
(b) No [licensed] dispensary or employee of the dispensary facility 2257
acting within the scope of his or her employment shall be subject to 2258
arrest or prosecution, penalized in any manner, including, but not 2259
limited to, being subject to any civil penalty, or denied any right or 2260
privilege, including, but not limited to, being subject to any disciplinary 2261
action by a professional licensing board, for acquiring, possessing, 2262
distributing or dispensing marijuana pursuant to sections 21a-408 to 2263
21a-408n, inclusive. 2264
Sec. 60. Section 21a-408k of the general statutes is repealed and the 2265
following is substituted in lieu thereof (Effective July 1, 2021): 2266
(a) No licensed producer or employee of the producer may: (1) Sell, 2267
deliver, transport or distribute marijuana to a person who is not (A) a 2268
[licensed dispensary] cannabis establishment, (B) a laboratory, or (C) an 2269
organization engaged in a research program, or (2) obtain or transport 2270
marijuana outside of this state in violation of state or federal law. 2271
(b) No licensed producer or employee of the producer acting within 2272
the scope of his or her employment shall be subject to arrest or 2273
prosecution, penalized in any manner, including, but not limited to, 2274
being subject to any civil penalty, or denied any right or privilege, 2275
including, but not limited to, being subject to any disciplinary action by 2276
a professional licensing board, for cultivating marijuana or selling, 2277
delivering, transporting or distributing marijuana to licensed 2278
[dispensaries] dispensary facilities under sections 21a-408 to 21a-408n, 2279
inclusive. 2280
Sec. 61. Section 21a-408m of the general statutes is repealed and the 2281
following is substituted in lieu thereof (Effective October 1, 2021): 2282
(a) The Commissioner of Consumer Protection may adopt 2283
regulations, in accordance with chapter 54, to establish (1) a standard 2284
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LCO No. 3311 77 of 163
form for written certifications for the palliative use of marijuana issued 2285
by physicians and advanced practice registered nurses under 2286
subdivision (1) of subsection (a) of section 21a-408a, and (2) procedures 2287
for registrations under section 21a-408d, as amended by this act. Such 2288
regulations, if any, shall be adopted after consultation with the Board of 2289
Physicians established in section 21a-408l. 2290
(b) The Commissioner of Consumer Protection shall adopt 2291
regulations, in accordance with chapter 54, to establish a reasonable fee 2292
to be collected from each qualifying patient to whom a written 2293
certification for the palliative use of marijuana is issued under 2294
subdivision (1) of subsection (a) of section 21a-408a, for the purpose of 2295
offsetting the direct and indirect costs of administering the provisions 2296
of sections 21a-408 to 21a-408n, inclusive. The commissioner shall collect 2297
such fee at the time the qualifying patient registers with the Department 2298
of Consumer Protection under subsection (a) of section 21a-408d. Such 2299
fee shall be in addition to any registration fee that may be charged under 2300
said subsection. The fees required to be collected by the commissioner 2301
from qualifying patients under this subsection shall be paid to the State 2302
Treasurer and credited to the General Fund. 2303
(c) The Commissioner of Consumer Protection shall adopt 2304
[regulations, in accordance with chapter 54, to implement the provisions 2305
of sections 21a-408 to 21a-408g, inclusive, and section 21a-408l. At a 2306
minimum, such regulations shall] or amend regulations, as applicable, 2307
in accordance with chapter 54 to implement the provisions of this 2308
section. Notwithstanding the requirements of sections 4-168 to 4-172, 2309
inclusive, of the general statutes, in order to effectuate the purposes of 2310
this section and protect public health and safety, prior to adopting or 2311
amending such regulations the commissioner shall issue requirements 2312
to implement the provisions of this section that shall have the force and 2313
effect of law. The commissioner shall post all requirements on the 2314
department's Internet web site, and submit requirements for posting on 2315
the Secretary of the State's Internet web site, at least fifteen days prior to 2316
the effective date of any requirements. Requirements shall no longer be 2317
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LCO No. 3311 78 of 163
effective upon the earlier of either codification by the Secretary of the 2318
State as a final regulation or forty-eight months from the effective date 2319
of this section if such requirements have not been submitted to the 2320
Legislative Regulation Review Committee for consideration. Such 2321
requirements and regulations shall include, but not be limited to, how 2322
the department shall: 2323
(1) [Govern the manner in which the department considers] Accept 2324
applications for the issuance and renewal of registration certificates for 2325
qualifying patients and [primary] caregivers; [, and establish any 2326
additional information to be contained in such registration certificates;] 2327
[(2) Define the protocols for determining the amount of usable 2328
marijuana that is necessary to constitute an adequate supply to ensure 2329
uninterrupted availability for a period of one month, including amounts 2330
for topical treatments;] 2331
[(3)] (2) Establish criteria for adding medical conditions, medical 2332
treatments or diseases to the list of debilitating medical conditions that 2333
qualify for the palliative use of marijuana; 2334
[(4)] (3) Establish a petition process under which members of the 2335
public may submit petitions, [in such manner and in such form as 2336
prescribed in the regulations,] regarding the addition of medical 2337
conditions, medical treatments or diseases to the list of debilitating 2338
medical conditions; 2339
[(5) Establish a process for public comment and public hearings 2340
before the board regarding the addition of medical conditions, medical 2341
treatments or diseases to the list of debilitating medical conditions, 2342
medical treatments or diseases; 2343
(6) Add additional medical conditions, medical treatments or 2344
diseases to the list of debilitating medical conditions that qualify for the 2345
palliative use of marijuana as recommended by the board; and] 2346
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[(7)] (4) Develop a distribution system for marijuana for palliative use 2347
that provides for: 2348
(A) Marijuana production facilities within this state that are housed 2349
on secured grounds and operated by licensed producers; [and] 2350
(B) The transfer of marijuana between dispensary facilities; and 2351
[(B)] (C) Distribution of marijuana for palliative use to qualifying 2352
patients or their [primary] caregivers by licensed dispensaries and by 2353
delivery services, as defined in this act; and 2354
(5) Ensure an adequate supply and variety of marijuana to dispensary 2355
facilities and hybrid retailers to ensure uninterrupted availability for 2356
qualifying patients, based on historical marijuana purchase patterns by 2357
qualifying patients. 2358
[(d) The commissioner shall submit regulations pursuant to 2359
subsections (b) and (c) of this section to the standing legislative 2360
regulation review committee not later than July 1, 2013.] 2361
Sec. 62. Section 21a-408l of the general statutes is repealed and the 2362
following is substituted in lieu thereof (Effective October 1, 2021): 2363
(a) The Commissioner of Consumer Protection shall establish a Board 2364
of Physicians consisting of eight physicians or surgeons who are 2365
knowledgeable about the palliative use of marijuana and certified by the 2366
appropriate American board in the medical specialty in which they 2367
practice, at least one of whom shall be a board certified pediatrician 2368
appointed in consultation with the Connecticut Chapter of the 2369
American Academy of Pediatrics. Four of the members of the board first 2370
appointed shall serve for a term of three years and four of the members 2371
of the board first appointed shall serve for a term of four years. 2372
Thereafter, members of the board shall serve for a term of four years and 2373
shall be eligible for reappointment. Any member of the board may serve 2374
until a successor is appointed. The Commissioner of Consumer 2375
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Protection shall serve as an ex-officio member of the board, and shall 2376
select a chairperson from among the members of the board. 2377
(b) A quorum of the Board of Physicians shall consist of four 2378
members. 2379
(c) The Board of Physicians shall: 2380
(1) Review and recommend to the Department of Consumer 2381
Protection for approval the debilitating medical conditions, medical 2382
treatments or diseases to be added to the list of debilitating medical 2383
conditions that qualify for the palliative use of marijuana for qualifying 2384
patients eighteen years of age or older; 2385
(2) Review and recommend to the Department of Consumer 2386
Protection for approval any illnesses that are severely debilitating, as 2387
defined in 21 CFR 312.81(b), to be added to the list of debilitating 2388
medical conditions that qualify for the palliative use of marijuana for 2389
qualifying patients under eighteen years of age, taking into account, 2390
among other things, the effect of the palliative use of marijuana on the 2391
brain development of such patients, which recommendations shall be 2392
accepted or rejected by the commissioner at his or her discretion; 2393
(3) Accept and review petitions to add medical conditions, medical 2394
treatments or diseases to the list of debilitating medical conditions that 2395
qualify for the palliative use of marijuana; 2396
(4) Convene [at least twice per year] as necessary to conduct public 2397
hearings and to evaluate petitions, which shall be maintained as 2398
confidential pursuant to subsection (e) of this section, for the purpose of 2399
adding medical conditions, medical treatments or diseases to the list of 2400
debilitating medical conditions that qualify for the palliative use of 2401
marijuana; 2402
(5) Review and recommend to the Department of Consumer 2403
Protection protocols for determining the amounts of marijuana that may 2404
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be reasonably necessary to ensure uninterrupted availability for a 2405
period of one month for qualifying patients, including amounts for 2406
topical treatments; and 2407
(6) Perform other duties related to the palliative use of marijuana 2408
upon the request of the Commissioner of Consumer Protection. 2409
(d) The Board of Physicians may review the list of debilitating 2410
medical conditions that qualify for the palliative use of marijuana and 2411
make recommendations to the joint standing committees of the General 2412
Assembly having cognizance of matters relating to general law and 2413
public health for the removal of a debilitating medical condition, 2414
medical treatment or disease from such list. 2415
(e) Any individually identifiable health information contained in a 2416
petition received under this section shall be confidential and shall not 2417
be subject to disclosure under the Freedom of Information Act, as 2418
defined in section 1-200. 2419
(f) On and after the effective date of the section, conditions added 2420
pursuant to this section to the list of debilitating medical conditions that 2421
qualify for the palliative use of marijuana shall be posted by the 2422
commissioner on the Department of Consumer Protection's Internet 2423
web site. 2424
Sec. 63. Section 21a-408r of the general statutes is repealed and the 2425
following is substituted in lieu thereof (Effective October 1, 2021): 2426
(a) No person may act as a laboratory or represent that such person 2427
is a laboratory unless such person has obtained a license from the 2428
Commissioner of Consumer Protection pursuant to this section. 2429
Notwithstanding, a person may act as a laboratory or represent that 2430
such person is a laboratory so long as such person has (1) been granted 2431
approval by the department as of the effective date of this section, and 2432
(2) submitted an application to the department for licensure pursuant to 2433
this section in a form and manner prescribed by the commissioner. Such 2434
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person may continue to do so until such application for licensure under 2435
this section is approved or denied by the department. 2436
[(a)] (b) Except as provided in subsection [(b)] (c) of this section, no 2437
person may act as a laboratory employee or represent that such person 2438
is a [licensed] laboratory employee unless such person has obtained a 2439
[license] registration from the Commissioner of Consumer Protection 2440
pursuant to this section. 2441
[(b)] (c) Prior to the effective date of regulations adopted under this 2442
section, the Commissioner of Consumer Protection may issue a 2443
temporary certificate of registration to a laboratory employee. The 2444
commissioner shall prescribe the standards, procedures and fees for 2445
obtaining a temporary certificate of registration as a laboratory 2446
employee. 2447
[(c)] (d) The Commissioner of Consumer Protection shall adopt 2448
regulations, in accordance with chapter 54, to (1) provide for the 2449
licensure or registration of laboratories and laboratory employees, (2) 2450
establish standards and procedures for the revocation, suspension, 2451
summary suspension and nonrenewal of laboratory license and 2452
laboratory employee [licenses] registrations, provided such standards 2453
and procedures are consistent with the provisions of subsection (c) of 2454
section 4-182, (3) establish a license [and] or registration renewal fee for 2455
each licensed laboratory and [licensed] registered laboratory employee, 2456
provided the aggregate amount of such license, registration and renewal 2457
fees shall not be less than the amount necessary to cover the direct and 2458
indirect cost of licensing, registering and regulating laboratories and 2459
laboratory employees in accordance with the provisions of this chapter, 2460
and (4) establish other licensing, registration, renewal and operational 2461
standards deemed necessary by the commissioner. 2462
[(d)] (e) Any fees collected by the Department of Consumer 2463
Protection under this section shall be paid to the State Treasurer and 2464
credited to the General Fund. 2465
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Sec. 64. Section 21a-408t of the general statutes is repealed and the 2466
following is substituted in lieu thereof (Effective July 1, 2021): 2467
(a) The Commissioner of Consumer Protection may approve a 2468
research program if such research program will (1) be administered or 2469
overseen by (A) a hospital or health care facility licensed by the 2470
Connecticut Department of Public Health pursuant to chapter 368v, (B) 2471
an institution of higher education, as defined in section 10a-55, (C) a 2472
licensed producer, micro-cultivator, cultivator, food and beverage 2473
manufacturer or product manufacturer, as such terms are defined in 2474
section 1 of this act, or (D) a [licensed] dispensary facility, hybrid retailer 2475
or cannabis retailer, as such terms are defined in section 1 of this act, and 2476
(2) have institutional review board oversight and, if the research 2477
program involves the use of animals, have an institutional animal care 2478
and use committee. 2479
(b) Except as provided in subsection (c) of this section, no person may 2480
act as a research program employee or represent that such person is a 2481
[licensed] registered research program employee unless such person has 2482
obtained a [license] registration from the Commissioner of Consumer 2483
Protection pursuant to this section. 2484
[(c) Prior to the effective date of regulations adopted under this 2485
section, the Commissioner of Consumer Protection may issue a 2486
temporary certificate of registration to a research program employee. 2487
The commissioner shall prescribe the standards, procedures and fees for 2488
obtaining a temporary certificate of registration as a research program 2489
employee.] 2490
[(d)] (c) The Commissioner of Consumer Protection shall adopt 2491
regulations, in accordance with chapter 54, to (1) provide for the 2492
approval of research programs and [licensure] registration of research 2493
program employees, (2) establish standards and procedures for the 2494
termination or suspension of a research program, (3) establish standards 2495
and procedures for the revocation, suspension, summary suspension 2496
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LCO No. 3311 84 of 163
and nonrenewal of a research program employee [license] registration, 2497
provided such standards and procedures are consistent with the 2498
provisions of subsection (c) of section 4-182, (4) establish a (A) fee for 2499
research program review and approval, and (B) [license] registration 2500
and renewal fee for each research program employee, provided the 2501
aggregate amount of such fees shall not be less than the amount 2502
necessary to cover the direct and indirect cost of approving research 2503
programs and [licensing] registering and regulating research program 2504
employees pursuant to the provisions of this chapter, and (5) establish 2505
other licensing, registration, renewal and operational standards deemed 2506
necessary by the commissioner. 2507
[(e)] (d) Any fees collected by the Department of Consumer 2508
Protection under this section shall be paid to the State Treasurer and 2509
credited to the General Fund. 2510
Sec. 65. Section 21a-408s of the general statutes is repealed and the 2511
following is substituted in lieu thereof (Effective July 1, 2021): 2512
(a) No laboratory or laboratory employee may (1) acquire marijuana 2513
from a person other than a [licensed producer, licensed dispensary] 2514
producer, cultivator, micro-cultivator, food and beverage manufacturer, 2515
product packager, product manufacturer or organization engaged in a 2516
research program, (2) [deliver, transport or distribute marijuana to (A) 2517
a person who is not a licensed dispensary, (B) a person who is not a 2518
licensed producer, or (C)] deliver, transport, or distribute marijuana to 2519
(A) a person who is not a producer, cultivator, micro-cultivator, food 2520
and beverage manufacturer, product packager, product manufacturer 2521
and was not the producer, cultivator, micro-cultivator, food and 2522
beverage manufacturer, product packager or product manufacturer 2523
from which the marijuana was originally acquired by the laboratory or 2524
laboratory employee (B) an organization not engaged in a research 2525
program, or (3) obtain or transport marijuana outside of this state in 2526
violation of state or federal law. 2527
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LCO No. 3311 85 of 163
(b) (1) No laboratory employee acting within the scope of his or her 2528
employment shall be subject to arrest or prosecution, penalized in any 2529
manner, including, but not limited to, being subject to any civil penalty, 2530
or denied any right or privilege, including, but not limited to, being 2531
subject to any disciplinary action by a professional licensing board, for 2532
acquiring, possessing, delivering, transporting or distributing 2533
marijuana to a [licensed dispensary, a licensed] producer, cultivator, 2534
micro-cultivator, food and beverage manufacturer, product packager, 2535
product manufacturer or an organization engaged in an approved 2536
research program under the provisions of this chapter. 2537
(2) No laboratory shall be subject to prosecution, penalized in any 2538
manner, including, but not limited to, being subject to any civil penalty 2539
or denied any right or privilege, for acquiring, possessing, delivering, 2540
transporting or distributing marijuana to a [licensed dispensary, a 2541
licensed] producer, cultivator, micro-cultivator, food and beverage 2542
manufacturer, product packager, product manufacturer or an 2543
organization engaged in an approved research program under the 2544
provisions of this chapter. 2545
(c) A laboratory shall be independent from all other persons involved 2546
in the marijuana industry in Connecticut, which shall mean that no 2547
person with a direct or indirect interest in the laboratory shall have a 2548
direct or indirect financial interest in a cannabis establishment or any 2549
other entity that may benefit from the certification of qualifying patients, 2550
or the production, manufacture, dispensing, sale, purchase or use of 2551
marijuana. 2552
(d) A laboratory shall maintain all minimum security and safeguard 2553
requirements for the storage of handling of controlled substances as a 2554
laboratory that is licensed to provide analysis of controlled substances 2555
pursuant to section 21a-246 and regulations promulgated thereunder. 2556
Sec. 66. Section 21a-408u of the general statutes is repealed and the 2557
following is substituted in lieu thereof (Effective July 1, 2021): 2558
Governor's Bill No. 888
LCO No. 3311 86 of 163
(a) No research program or research program employee may (1) 2559
acquire marijuana from a person other than a licensed producer, 2560
[licensed] dispensary facility or laboratory, (2) deliver, transport or 2561
distribute marijuana to a person who is not (A) a [licensed] dispensary 2562
facility, (B) a licensed producer, or (C) a research program subject, (3) 2563
distribute or administer marijuana to an animal unless such animal is an 2564
animal research subject, or (4) obtain or transport marijuana outside of 2565
this state in violation of state or federal law. 2566
(b) No research program employee acting within the scope of his or 2567
her employment shall be subject to arrest or prosecution, penalized in 2568
any manner, including, but not limited to, being subject to any civil 2569
penalty, or denied any right or privilege, including, but not limited to, 2570
being subject to any disciplinary action by a professional licensing 2571
board, for acquiring, possessing, delivering, transporting or distributing 2572
marijuana to a [licensed] dispensary facility, a licensed producer or a 2573
research program subject or distributing or administering marijuana to 2574
an animal research subject under the provisions of this chapter. 2575
Sec. 67. (NEW) (Effective October 1, 2021) A licensed pharmacist 2576
working as an employee at a dispensary facility or hybrid retailer shall 2577
transmit dispensing information, in a manner prescribed by the 2578
commissioner, on any cannabis sold to a qualifying patient or caregiver 2579
in real-time or immediately upon completion of the transaction, unless 2580
not reasonably feasible for a specific transaction, but in no case longer 2581
than one hour after completion of the transaction. 2582
Sec. 68. (NEW) (Effective July 1, 2021) (a) Any municipality may, by 2583
amendment to such municipality's zoning regulations or zoning 2584
ordinances, (1) prohibit the establishment of a cannabis establishment, 2585
except for a dispensary facility or producer, (2) establish reasonable 2586
restrictions regarding the hours and signage within the limits of such 2587
municipality, (3) establish reasonable restrictions regarding the number 2588
or density of cannabis establishments, except for a dispensary facility or 2589
producer, or (4) establish restrictions on the proximity of cannabis 2590
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LCO No. 3311 87 of 163
establishments to any of the establishments listed in subsection (a) of 2591
subdivision (1) of section 30-46 of the general statutes. Such amendment 2592
shall be approved by a municipality's legislative body before going into 2593
effect. The chief zoning official of a municipality shall report, in writing, 2594
any zoning changes adopted by the municipality regarding cannabis 2595
establishments pursuant to this subsection to the Secretary of the Office 2596
of Policy and Management and to the department not later than 2597
fourteen days after the adoption of such changes. 2598
(b) Unless otherwise provided for by a municipality through its 2599
zoning regulations or ordinances, a cannabis establishment shall be 2600
zoned as if any other similar use, except a cannabis establishment, 2601
would be zoned. 2602
(c) Any restriction regarding hours and signage of a cannabis 2603
establishment adopted by a municipality shall not apply to an existing 2604
cannabis establishment located in such municipality, for a period of five 2605
years after the adoption of such prohibition or restriction. 2606
(d) No municipality shall prohibit delivery of cannabis or cannabis 2607
products to a consumer, qualifying patient, or caregiver when the 2608
delivery is made by a retailer, hybrid retailer, dispensary facility, 2609
delivery service, micro-cultivator or other person authorized to make 2610
such delivery pursuant to sections 1, 3 and 4 of this act, sections 6 to 10, 2611
inclusive, of this act, sections 12 to 45, inclusive, of this act, sections 47 2612
to 52, inclusive, of this act, sections 58 to 61, inclusive, of this act, sections 2613
65 to 68, inclusive, of this act, sections 74 to 76, inclusive, of this act, 2614
sections 78 to 89, inclusive, of this act, section 21a-243 of the general 2615
statutes, as amended by this act, or section 21a-408t of the general 2616
statutes, as amended by this act. No municipality shall prohibit the 2617
transport of cannabis or cannabis products to, from or through such 2618
municipality by any person licensed or registered pursuant to this act to 2619
transport cannabis and cannabis products. 2620
(e) No municipality or local official shall condition any official action, 2621
Governor's Bill No. 888
LCO No. 3311 88 of 163
or accept any donation in moneys or in kind, from any cannabis 2622
establishment or from an individual or corporation that has applied for 2623
a license to open or operate a cannabis establishment in such 2624
municipality. No municipality shall negotiate or enter into a local host 2625
agreement with a cannabis establishment or a person that has applied 2626
for a license to open or operate a cannabis establishment in such 2627
municipality. 2628
(f) For up to thirty days after the opening of a cannabis retailer or 2629
hybrid retailer, a municipality may charge such retailer or hybrid 2630
retailer for any necessary and reasonable costs incurred by the 2631
municipality for provision of public safety services in relation to such 2632
opening, including, but not limited to, public safety costs incurred to 2633
direct traffic, not to exceed fifty thousand dollars. 2634
Sec. 69. Subparagraph (H) of subdivision (7) of subsection (c) of 2635
section 7-148 of the general statutes is repealed and the following is 2636
substituted in lieu thereof (Effective October 1, 2021): 2637
(H) (i) Secure the safety of persons in or passing through the 2638
municipality by regulation of shows, processions, parades and music; 2639
(ii) Regulate and prohibit the carrying on within the municipality of 2640
any trade, manufacture, business or profession which is, or may be, so 2641
carried on as to become prejudicial to public health, conducive to fraud 2642
and cheating, or dangerous to, or constituting an unreasonable 2643
annoyance to, those living or owning property in the vicinity; 2644
(iii) Regulate auctions and garage and tag sales; 2645
(iv) Prohibit, restrain, license and regulate the business of peddlers, 2646
auctioneers and junk dealers in a manner not inconsistent with the 2647
general statutes; 2648
(v) Regulate and prohibit swimming or bathing in the public or 2649
exposed places within the municipality; 2650
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LCO No. 3311 89 of 163
(vi) Regulate and license the operation of amusement parks and 2651
amusement arcades including, but not limited to, the regulation of 2652
mechanical rides and the establishment of the hours of operation; 2653
(vii) Prohibit, restrain, license and regulate all sports, exhibitions, 2654
public amusements and performances and all places where games may 2655
be played; 2656
(viii) Preserve the public peace and good order, prevent and quell 2657
riots and disorderly assemblages and prevent disturbing noises; 2658
(ix) Establish a system to obtain a more accurate registration of births, 2659
marriages and deaths than the system provided by the general statutes 2660
in a manner not inconsistent with the general statutes; 2661
(x) Control insect pests or plant diseases in any manner deemed 2662
appropriate; 2663
(xi) Provide for the health of the inhabitants of the municipality and 2664
do all things necessary or desirable to secure and promote the public 2665
health; 2666
(xii) Regulate the use of streets, sidewalks, highways, public places 2667
and grounds for public and private purposes; 2668
(xiii) Make and enforce police, sanitary or other similar regulations 2669
and protect or promote the peace, safety, good government and welfare 2670
of the municipality and its inhabitants; 2671
(xiv) Regulate, in addition to the requirements under section 7-282b, 2672
the installation, maintenance and operation of any device or equipment 2673
in a residence or place of business which is capable of automatically 2674
calling and relaying recorded emergency messages to any state police 2675
or municipal police or fire department telephone number or which is 2676
capable of automatically calling and relaying recorded emergency 2677
messages or other forms of emergency signals to an intermediate third 2678
party which shall thereafter call and relay such emergency messages to 2679
Governor's Bill No. 888
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a state police or municipal police or fire department telephone number. 2680
Such regulations may provide for penalties for the transmittal of false 2681
alarms by such devices or equipment; 2682
(xv) Make and enforce regulations for the prevention and 2683
remediation of housing blight, including regulations reducing 2684
assessments and authorizing designated agents of the municipality to 2685
enter property during reasonable hours for the purpose of remediating 2686
blighted conditions, provided such regulations define housing blight 2687
and require such municipality to give written notice of any violation to 2688
the owner and occupant of the property and provide a reasonable 2689
opportunity for the owner and occupant to remediate the blighted 2690
conditions prior to any enforcement action being taken, and further 2691
provided such regulations shall not authorize such municipality or its 2692
designated agents to enter any dwelling house or structure on such 2693
property, and including regulations establishing a duty to maintain 2694
property and specifying standards to determine if there is neglect; 2695
prescribe civil penalties for the violation of such regulations of not less 2696
than ten or more than one hundred dollars for each day that a violation 2697
continues and, if such civil penalties are prescribed, such municipality 2698
shall adopt a citation hearing procedure in accordance with section 7-2699
152c; 2700
(xvi) Regulate, on any property owned by or under the control of the 2701
municipality, any activity deemed to be deleterious to public health, 2702
including the [lighting or carrying] burning of a lighted cigarette, cigar, 2703
pipe or similar device, whether containing, wholly or in part, tobacco or 2704
cannabis, as defined in section 1 of this act, and the use or consumption 2705
of cannabis, including, but not limited to, electronic cannabis delivery 2706
systems, as defined in section 19a-342a, as amended by this act, or vapor 2707
products, as defined in said section, containing cannabis. Municipalities 2708
may prohibit the smoking of cannabis and the use of electronic cannabis 2709
delivery systems and vapor products containing cannabis in the 2710
outdoor sections of a restaurant. No municipality may issue a fine in 2711
excess of fifty dollars to an individual for a violation of this clause 2712
Governor's Bill No. 888
LCO No. 3311 91 of 163
regarding consumption by such individual. No municipality may issue 2713
a fine in excess of one thousand dollars to any business for a violation 2714
of this clause; 2715
Sec. 70. Section 19a-342 of the general statutes is repealed and the 2716
following is substituted in lieu thereof (Effective October 1, 2021): 2717
(a) As used in this section: [, "smoke"] 2718
(1) "Smoke" or "smoking" means the [lighting or carrying] burning of 2719
a lighted cigarette, cigar, pipe or any other similar device, [.] whether 2720
containing, wholly or in part, tobacco, cannabis, or hemp; 2721
(2) "Any area" means the interior of the facility, building or 2722
establishment and the outside area within twenty-five feet of any 2723
doorway, operable window or air intake vent of the facility, building or 2724
establishment; 2725
(3) "Cannabis" means marijuana, as defined in section 21a-240; and 2726
(4) "Hemp" has the same meaning as provided in section 22-61l. 2727
(b) (1) Notwithstanding the provisions of section 31-40q, as amended 2728
by this act, no person shall smoke: (A) In any area of a building or 2729
portion of a building, partially enclosed shelter on a rail platform or bus 2730
shelter owned and operated or leased and operated by the state or any 2731
political subdivision thereof; (B) in any area of a health care institution, 2732
including, but not limited to, a psychiatric facility; (C) in any area of a 2733
retail [food store] establishment accessed by the general public; (D) in 2734
any restaurant; (E) in any area of an establishment with a permit issued 2735
for the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 2736
30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-2737
37f, in any area of an establishment with a permit for the sale of alcoholic 2738
liquor pursuant to section 30-23 issued after May 1, 2003, and, on and 2739
after April 1, 2004, in any area of an establishment with a permit issued 2740
for the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the 2741
Governor's Bill No. 888
LCO No. 3311 92 of 163
bar area of a bowling establishment holding a permit pursuant to 2742
subsection (a) of section 30-37c; (F) [within] in any area of a school 2743
building or on the grounds of such school; (G) within a child care facility 2744
or on the grounds of such child care facility, except, if the child care 2745
facility is a family child care home, as defined in section 19a-77, such 2746
smoking is prohibited only when a child enrolled in such home is 2747
present during customary business hours; (H) in any passenger 2748
elevator; [, provided no person shall be arrested for violating this 2749
subsection unless there is posted in such elevator a sign which indicates 2750
that smoking is prohibited by state law;] (I) in any area of a dormitory 2751
in any public or private institution of higher education; [or] (J) [on and 2752
after April 1, 2004,] in any area of a dog race track or a facility equipped 2753
with screens for the simulcasting of off-track betting race programs or 2754
jai alai games; (K) in any room offered as an accommodation to guests 2755
by the operator of a hotel, motel or similar lodging; or (L) in any area of 2756
a correctional facility or halfway house. For purposes of this subsection, 2757
"restaurant" means space, in a suitable and permanent building, kept, 2758
used, maintained, advertised and held out to the public to be a place 2759
where meals are regularly served to the public, "school" has the same 2760
meaning as provided in section 10-154a and "child care facility" has the 2761
same meaning as provided in section 19a-342a, as amended by this act. 2762
(2) [This section] Subdivision (1) of this subsection shall not apply to 2763
[(A) correctional facilities; (B) designated smoking areas in psychiatric 2764
facilities; (C) public] the following: (A) Public housing projects, as 2765
defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 2766
where demonstration smoking is taking place as part of a medical or 2767
scientific experiment or lesson; [(E) smoking rooms provided by 2768
employers for employees, pursuant to section 31-40q; (F)] (C) 2769
notwithstanding the provisions of subparagraph (E) of subdivision (1) 2770
of this subsection, the outdoor portion of the premises of any permittee 2771
listed in subparagraph (E) of subdivision (1) of this subsection, 2772
provided, in the case of any seating area maintained for the service of 2773
food, at least seventy-five per cent of the outdoor seating capacity is an 2774
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LCO No. 3311 93 of 163
area in which smoking is prohibited and which is clearly designated 2775
with written signage as a nonsmoking area, except that any temporary 2776
seating area established for special events and not used on a regular 2777
basis shall not be subject to the smoking prohibition or signage 2778
requirements of this subparagraph; [(G)] (D) any medical research site 2779
where smoking is integral to the research being conducted; [or (H)] (E) 2780
any tobacco bar or tobacco specialist, provided no tobacco bar shall 2781
expand in size or change its location from its size or location as of 2782
December 31, 2002; or (F) any location licensed for on-site smoking of 2783
cannabis. For purposes of this subdivision, "outdoor" means an area 2784
which has no roof or other ceiling enclosure, "tobacco bar" means an 2785
establishment with a permit for the sale of alcoholic liquor to consumers 2786
issued pursuant to chapter 545 that, in the calendar year ending 2787
December 31, 2002, generated ten per cent or more of its total annual 2788
gross income from the on-site sale of tobacco products and the rental of 2789
on-site humidors, [and] "tobacco product" means any substance that 2790
contains tobacco, including, but not limited to, cigarettes, cigars, pipe 2791
tobacco or chewing tobacco, except "tobacco product" does not include 2792
cannabis, and "tobacco specialist" means an establishment engaged in 2793
the sale of tobacco products that generates at least seventy-five per cent 2794
of its annual gross income from the on-site sale of tobacco products and 2795
the rental of on-site humidors. 2796
[(c) The operator of a hotel, motel or similar lodging may allow guests 2797
to smoke in not more than twenty-five per cent of the rooms offered as 2798
accommodations to guests.] 2799
[(d)] (c) In each room, elevator, area or building in which smoking is 2800
prohibited by this section, the person in control of the premises shall 2801
post or cause to be posted in a conspicuous place signs stating that 2802
smoking is prohibited by state law. Such signs, except in elevators, 2803
restaurants, establishments with permits to sell alcoholic liquor to 2804
consumers issued pursuant to chapter 545, hotels, motels or similar 2805
lodgings, and health care institutions, shall have letters at least four 2806
inches high with the principal strokes of letters not less than one-half 2807
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inch wide. 2808
[(e)] (d) Any person found guilty of smoking in violation of this 2809
section, failure to post signs as required by this section or the 2810
unauthorized removal of such signs shall have committed an infraction. 2811
Nothing in this section shall be construed to require the person in 2812
control of a building to post such signs in every room of [a] the building, 2813
provided such signs are posted in a conspicuous place in [such] the 2814
building. 2815
[(f)] (e) Nothing in this section shall be construed to require any 2816
smoking area [in] inside or outside any building or the entryway to any 2817
building or on any property. 2818
[(g)] (f) The provisions of this section shall supersede and preempt 2819
the provisions of any municipal law or ordinance relative to smoking 2820
effective prior to, on or after October 1, 1993. 2821
Sec. 71. Section 19a-342a of the general statutes is repealed and the 2822
following is substituted in lieu thereof (Effective October 1, 2021): 2823
(a) As used in this section: [and section 2 of public act 15-206:] 2824
(1) "Any area" means the interior of the facility, building or 2825
establishment and the outside area within twenty-five feet of any 2826
doorway, operable window or air intake vent of the facility, building or 2827
establishment; 2828
[(1)] (2) "Child care facility" means a provider of child care services as 2829
defined in section 19a-77, or a person or entity required to be licensed 2830
under section 17a-145; 2831
[(2)] (3) "Electronic nicotine delivery system" [has the same meaning 2832
as provided in section 21a-415;] means an electronic device used in the 2833
delivery of nicotine to a person inhaling from the device, and includes, 2834
but is not limited to, an electronic cigarette, electronic cigar, electronic 2835
cigarillo, electronic pipe or electronic hookah and any related device and 2836
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any cartridge or other component of such device, including, but not 2837
limited to, electronic cigarette liquid. "Electronic nicotine delivery 2838
system" does not include a medicinal or therapeutic product that is (A) 2839
used by a licensed healthcare provider to treat a patient in a healthcare 2840
setting, (B) used by a patient, as prescribed or directed by a licensed 2841
healthcare provider in any setting, or (C) any drug or device, as defined 2842
in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 2843
from time to time, any combination product, as described in said act, 21 2844
USC 353(g), as amended from time to time, or any biological product, as 2845
described in 42 USC 262, as amended from time to time, and 21 CFR 2846
600.3, as amended from time to time, authorized for sale by the federal 2847
Food and Drug Administration; 2848
(4) "Electronic cigarette liquid" does not include a medicinal or 2849
therapeutic product that is (A) used by a licensed healthcare provider to 2850
treat a patient in a healthcare setting, (B) used by a patient, as prescribed 2851
or directed by a licensed healthcare provider in any setting, or (C) any 2852
drug or device, as defined in the federal Food, Drug and Cosmetic Act, 2853
21 USC 321, as amended from time to time, any combination product, 2854
as described in said act, 21 USC 353(g), as amended from time to time, 2855
or any biological product, as described in 42 USC 262, as amended from 2856
time to time, and 21 CFR 600.3, as amended from time to time, 2857
authorized for sale by the federal Food and Drug Administration; 2858
(5) "Electronic cannabis delivery system" means an electronic device 2859
that may be used to simulate smoking in the delivery of cannabis to a 2860
person inhaling the device and includes, but is not limited to, a 2861
vaporizer, electronic pipe, electronic hookah and any related device and 2862
any cartridge or other component of such device. "Electronic cannabis 2863
delivery system" does not include a medicinal or therapeutic product 2864
that is (A) used by a licensed healthcare provider to treat a patient in a 2865
healthcare setting, (B) used by a patient, as prescribed or directed by a 2866
licensed healthcare provider in any setting, or (C) any drug or device, as 2867
defined in the federal Food, Drug and Cosmetic Act, 21 USC 321, as 2868
amended from time to time, any combination product, as described in 2869
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said act, 21 USC 353(g), as amended from time to time, or any biological 2870
product, as described in 42 USC 262, as amended from time to time, and 2871
21 CFR 600.3, as amended from time to time, authorized for sale by the 2872
federal Food and Drug Administration; 2873
(6) "Cannabis" means marijuana, as defined in section 21a-240; 2874
[(3)] (7) "Liquid nicotine container" means a container that holds a 2875
liquid substance containing nicotine that is sold, marketed or intended 2876
for use in an electronic nicotine delivery system or vapor product, 2877
except "liquid nicotine container" does not include such a container that 2878
is prefilled and sealed by the manufacturer and not intended to be 2879
opened by the consumer; and 2880
[(4)] (8) "Vapor product" [has the same meaning as provided in 2881
section 21a-415] means any product that employs a heating element, 2882
power source, electronic circuit or other electronic, chemical or 2883
mechanical means, regardless of shape or size, to produce a vapor that 2884
may include nicotine or cannabis and is inhaled by the user of such 2885
product. "Vapor product" does not include a medicinal or therapeutic 2886
product that is (A) used by a licensed health care provider to treat a 2887
patient in a health care setting, (B) used by a patient, as prescribed or 2888
directed by a licensed health care provider in any setting, or (C) any 2889
drug or device, as defined in the federal Food, Drug and Cosmetic Act, 2890
21 USC 321, as amended from time to time, any combination product, 2891
as described in said act, 21 USC 353(g), as amended from time to time, 2892
or any biological product, as defined in 42 USC 262, as amended from 2893
time to time, and 21 CFR 600.3, as amended from time to time, 2894
authorized for sale by the federal Food and Drug Administration. 2895
(b) (1) No person shall use an electronic nicotine or cannabis delivery 2896
system or vapor product: (A) In any area of a building or portion of a 2897
building owned and operated or leased and operated by the state or any 2898
political subdivision thereof; (B) in any area of a health care institution, 2899
including, but not limited to, a psychiatric facility; (C) in any area of a 2900
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retail [food store] establishment accessed by the public; (D) in any 2901
restaurant; (E) in any area of an establishment with a permit issued for 2902
the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-2903
22, 30-22a, 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-2904
37e or 30-37f, in any area of establishment with a permit issued for the 2905
sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 2906
2003, or the bar area of a bowling establishment holding a permit 2907
pursuant to subsection (a) of section 30-37c; (F) [within] in any area of a 2908
school building or on the grounds of such school; (G) within a child care 2909
facility or on the grounds of such child care facility, except, if the child 2910
care facility is a family child care home as defined in section 19a-77, such 2911
use is prohibited only when a child enrolled in such home is present 2912
during customary business hours; (H) in any passenger elevator; [, 2913
provided no person shall be arrested for violating this subsection unless 2914
there is posted in such elevator a sign which indicates that such use is 2915
prohibited by state law;] (I) in any area of a dormitory in any public or 2916
private institution of higher education; [or] (J) in any area of a dog race 2917
track or a facility equipped with screens for the simulcasting of off-track 2918
betting race programs or jai alai games; (K) in any room offered as an 2919
accommodation to guests by the operator of a hotel, motel or similar 2920
lodging; or (L) in any area of a correctional facility or halfway house. For 2921
purposes of this subsection, "restaurant" means space, in a suitable and 2922
permanent building, kept, used, maintained, advertised and held out to 2923
the public to be a place where meals are regularly served to the public, 2924
and "school" has the same meaning as provided in section 10-154a. 2925
(2) [This section] Subdivision (1) of this subsection shall not apply to 2926
[(A) correctional facilities; (B) designated smoking areas in psychiatric 2927
facilities; (C) public] the following: (A) Public housing projects, as 2928
defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 2929
where a demonstration of the use of an electronic nicotine or cannabis 2930
delivery system or vapor product is taking place as part of a medical or 2931
scientific experiment or lesson; [(E)] (C) any medical research site where 2932
the use of an electronic nicotine or cannabis delivery system or vapor 2933
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product is integral to the research being conducted; [(F)] (D) 2934
establishments without a permit for the sale of alcoholic liquor that sell 2935
electronic nicotine delivery systems, vapor products or liquid nicotine 2936
containers on-site and allow their customers to use such systems, 2937
products or containers on-site; [(G) smoking rooms provided by 2938
employers for employees, pursuant to section 31-40q; (H)] (E) any 2939
location licensed for on-site use of an electronic cannabis delivery 2940
system; (F) notwithstanding the provisions of subparagraph (E) of 2941
subdivision (1) of this subsection, the outdoor portion of the premises of 2942
any permittee listed in subparagraph (E) of subdivision (1) of this 2943
subsection, provided, in the case of any seating area maintained for the 2944
service of food, at least seventy-five per cent of the outdoor seating 2945
capacity is an area in which smoking is prohibited and which is clearly 2946
designated with written signage as a nonsmoking area, except that any 2947
temporary seating area established for special events and not used on a 2948
regular basis shall not be subject to the prohibition on the use of an 2949
electronic nicotine or cannabis delivery system or vapor product or the 2950
signage requirements of this subparagraph; or [(I)] (G) any tobacco bar, 2951
provided no tobacco bar shall expand in size or change its location from 2952
its size or location as of October 1, 2015. For purposes of this subdivision, 2953
"outdoor" means an area which has no roof or other ceiling enclosure, 2954
"tobacco bar" means an establishment with a permit for the sale of 2955
alcoholic liquor to consumers issued pursuant to chapter 545 that, in the 2956
calendar year ending December 31, 2015, generated ten per cent or more 2957
of its total annual gross income from the on-site sale of tobacco products 2958
and the rental of on-site humidors, [and] "tobacco product" means any 2959
substance that contains tobacco, including, but not limited to, cigarettes, 2960
cigars, pipe tobacco or chewing tobacco, except that "tobacco product" 2961
does not include cannabis. 2962
[(c) The operator of a hotel, motel or similar lodging may allow guests 2963
to use an electronic nicotine delivery system or vapor product in not 2964
more than twenty-five per cent of the rooms offered as accommodations 2965
to guests.] 2966
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[(d)] (c) In each room, elevator, area or building in which the use of 2967
an electronic nicotine or cannabis delivery system or vapor product is 2968
prohibited by this section, the person in control of the premises shall 2969
post or cause to be posted in a conspicuous place signs stating that such 2970
use is prohibited by state law. Such signs, except in elevators, 2971
restaurants, establishments with permits to sell alcoholic liquor to 2972
consumers issued pursuant to chapter 545, hotels, motels or similar 2973
lodgings, and health care institutions, shall have letters at least four 2974
inches high with the principal strokes of letters not less than one-half 2975
inch wide. 2976
[(e)] (d) Any person found guilty of using an electronic nicotine or 2977
cannabis delivery system or vapor product in violation of this section, 2978
failure to post signs as required by this section or the unauthorized 2979
removal of such signs shall have committed an infraction. Nothing in 2980
this section shall be construed to require the person in control of a 2981
building to post such signs in every room of the building, provided such 2982
signs are posted in a conspicuous place in the building. 2983
[(f)] (e) Nothing in this section shall be construed to require the 2984
designation of any area for the use of electronic nicotine or cannabis 2985
delivery system or vapor product [in] inside or outside any building or 2986
the entryway to any building or on any property. 2987
[(g)] (f) The provisions of this section shall supersede and preempt 2988
the provisions of any municipal law or ordinance relative to the use of 2989
an electronic nicotine delivery system or vapor product effective prior 2990
to, on or after October 1, 2015. 2991
Sec. 72. Section 31-40q of the general statutes is repealed and the 2992
following is substituted in lieu thereof (Effective October 1, 2021): 2993
(a) As used in this section: 2994
(1) "Person" means one or more individuals, partnerships, 2995
associations, corporations, limited liability companies, business trusts, 2996
Governor's Bill No. 888
LCO No. 3311 100 of 163
legal representatives or any organized group of persons; [.] 2997
(2) "Employer" means a person engaged in business who has 2998
employees, including the state and any political subdivision thereof; [.] 2999
(3) "Employee" means any person engaged in service to an employer 3000
in the business of his employer; [.] 3001
(4) "Business facility" means a structurally enclosed location or 3002
portion thereof at which employees perform services for their employer. 3003
The term "business facility" does not include: (A) Facilities listed in 3004
[subparagraph (A), (C) or (H) of] subdivision (2) of subsection (b) of 3005
section 19a-342, as amended by this act, or subdivision (2) of subsection 3006
(b) of section 19a-342a, as amended by this act; (B) any establishment 3007
with a permit for the sale of alcoholic liquor pursuant to section 30-23 3008
issued on or before May 1, 2003; (C) for any business that is engaged in 3009
the testing or development of tobacco, [or] tobacco products or cannabis, 3010
the areas of such business designated for such testing or development; 3011
or (D) during the period from October 1, 2003, to April 1, 2004, 3012
establishments with a permit issued for the sale of alcoholic liquor 3013
pursuant to section 30-22a or 30-26 or the bar area of a bowling 3014
establishment holding a permit pursuant to subsection (a) of section 30-3015
37c; [.] 3016
(5) ["Smoking"] "Smoke" or "smoking" means the burning of a lighted 3017
cigar, cigarette, pipe or any other [matter or substance which contains 3018
tobacco.] similar device, whether containing, wholly or in part, tobacco, 3019
cannabis or hemp; 3020
(6) "Cannabis" means marijuana, as defined in section 21a-240; 3021
(7) "Electronic nicotine delivery system" has the same meaning as 3022
provided in section 19a-342a, as amended by this act; 3023
(8) "Electronic cannabis delivery system" has the same meaning as 3024
provided in section 19a-342a, as amended by this act; 3025
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(9) "Vapor product" has the same meaning as provided in section 19a-3026
342a, as amended by this act; 3027
(10) "Any area" has the same meaning as provided in section 19a-3028
342a, as amended by this act; and 3029
(11) "Hemp" has the same meaning as provided in section 22-61l. 3030
[(b) Each employer with fewer than five employees in a business 3031
facility shall establish one or more work areas, sufficient to 3032
accommodate nonsmokers who request to utilize such an area, within 3033
each business facility under his control, where smoking is prohibited. 3034
The employer shall clearly designate the existence and boundaries of 3035
each nonsmoking area by posting signs which can be readily seen by 3036
employees and visitors. In the areas within the business facility where 3037
smoking is permitted, existing physical barriers and ventilation systems 3038
shall be used to the extent practicable to minimize the effect of smoking 3039
in adjacent nonsmoking areas.] 3040
[(c) (1)] (b) Each employer [with five or more employees] shall 3041
prohibit smoking [in] and the use of electronic nicotine and cannabis 3042
delivery systems and vapor products in any area of any business facility 3043
under said employer's control. [, except that an employer may designate 3044
one or more smoking rooms.] 3045
[(2) Each employer that provides a smoking room pursuant to this 3046
subsection shall provide sufficient nonsmoking break rooms for 3047
nonsmoking employees. 3048
(3) Each smoking room designated by an employer pursuant to this 3049
subsection shall meet the following requirements: (A) Air from the 3050
smoking room shall be exhausted directly to the outside by an exhaust 3051
fan, and no air from such room shall be recirculated to other parts of the 3052
building; (B) the employer shall comply with any ventilation standard 3053
adopted by (i) the Commissioner of Labor pursuant to chapter 571, (ii) 3054
the United States Secretary of Labor under the authority of the 3055
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Occupational Safety and Health Act of 1970, as from time to time 3056
amended, or (iii) the federal Environmental Protection Agency; (C) such 3057
room shall be located in a nonwork area, where no employee, as part of 3058
his or her work responsibilities, is required to enter, except such work 3059
responsibilities shall not include any custodial or maintenance work 3060
carried out in the smoking room when it is unoccupied; and (D) such 3061
room shall be for the use of employees only.] 3062
[(d)] (c) Nothing in this section may be construed to prohibit an 3063
employer from designating an entire business facility and the real 3064
property on which the business facility is located as a nonsmoking area. 3065
Sec. 73. (NEW) (Effective July 1, 2022) (a) No hotel, motel or similar 3066
lodging shall prohibit the legal possession or consumption of cannabis, 3067
as defined in section 1 of this act, in any nonpublic area of such 3068
institution, hotel, motel or similar lodging. 3069
(b) Notwithstanding the provisions of subsection (a) of this section, a 3070
hotel, motel and similar lodging shall prohibit the smoking of cannabis 3071
and the use of an electronic cannabis delivery system, as defined in 3072
section 19a-342a of the general statutes, as amended by this act, and 3073
vapor product, as defined in said section, containing cannabis in any 3074
location of such institution or hotel, motel or similar lodging. 3075
Sec. 74. (NEW) (Effective July 1, 2022) (a) Except as provided in this 3076
section, a landlord or property manager may not refuse to rent to a 3077
potential tenant or a current tenant, or otherwise discriminate against 3078
potential tenant or a current tenant, based on a past conviction for 3079
possession of a cannabis-type substance under section 21a-279a of the 3080
general statutes or for a past conviction for possession of four or fewer 3081
ounces of cannabis plant material, and any equivalencies and 3082
combinations thereof, pursuant to subsection (g) of section 21a-279a, as 3083
amended by this act, in any other jurisdiction. 3084
(b) Except as provided in this section, in the case of the rental of a 3085
residential dwelling, a landlord or property manager may not prohibit 3086
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LCO No. 3311 103 of 163
the possession of cannabis or the consumption of cannabis, except a 3087
landlord or property manager may prohibit smoking of cannabis or use 3088
of an electronic cannabis device or cannabis vapor product, as defined 3089
in section 19a-342a of the general statutes, as amended by this act. 3090
(c) This section does not apply if: 3091
(1) The tenant is a roomer who is not leasing the entire residential 3092
dwelling; 3093
(2) the residence is incidental to detention or the provision of medical, 3094
geriatric, educational, counseling, religious, or similar service; 3095
(3) The residence is a transitional housing or sober living facility; or 3096
(4) Failing to prohibit cannabis possession or consumption would 3097
violate federal law or regulations or cause the landlord to lose a 3098
monetary or licensing-related benefit under federal law or regulations. 3099
Sec. 75. (NEW) (Effective July 1, 2022) The use of cannabis or cannabis 3100
products shall be prohibited on any state lands or waters managed by 3101
the Department of Energy and Environmental Protection. Any person 3102
who violates such prohibition shall be fined not more than two hundred 3103
fifty dollars. 3104
Sec. 76. (NEW) (Effective July 1, 2021) The Commissioner of Correction 3105
may prohibit the possession of cannabis in any Department of 3106
Correction facility and by any person under the custody of the 3107
department. 3108
Sec. 77. (NEW) (Effective July 1, 2022) As used in sections 78 and 83 of 3109
this act, "minor" means a person under twenty-one years of age. 3110
Sec. 78. (NEW) (Effective July 1, 2022) Any cannabis establishment 3111
licensee or any servant or agent of a licensee who sells or delivers 3112
cannabis or cannabis products to any minor shall be fined not more than 3113
one thousand dollars or imprisoned not more than one year, or both. 3114
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Sec. 79. (NEW) (Effective January 1, 2022) (a) A cannabis establishment 3115
issued a license pursuant to this chapter or an agent or employee of such 3116
licensee may require any person whose age is in question to have such 3117
person's photograph be taken by, and a photocopy of such person's 3118
driver's license or identity card issued in accordance with the provisions 3119
of section 1-1h of the general statutes be made by, such licensee, agent 3120
or employee as a condition of selling or delivering cannabis or cannabis 3121
products to such person. 3122
(b) No licensee or agent or employee of a licensee shall use a 3123
photograph taken or a photocopy made pursuant to subsection (a) of 3124
this section for a purpose other than the purpose specified in said 3125
subsection. 3126
(c) No licensee or agent or employee of a licensee shall sell or 3127
otherwise disseminate a photograph taken or a photocopy made 3128
pursuant to subsection (a) of this section, or any information derived 3129
from such photocopy, to any third party for any purpose including, but 3130
not limited to, any marketing, advertising or promotional activities, 3131
except that a licensee or an agent or employee of a licensee may release 3132
such photograph, photocopy or information pursuant to a court order. 3133
(d) In any prosecution of a licensee or an agent or employee of a 3134
licensee for selling or delivering cannabis or cannabis products to a 3135
minor in violation of this act, it shall be an affirmative defense that such 3136
licensee, agent or employee sold or delivered cannabis or cannabis 3137
products to such minor in good faith and in reasonable reliance upon 3138
the identification presented by such minor and, pursuant to subsection 3139
(a) of this section, photographed the minor and made a photocopy of 3140
such identification. In support of such defense, such licensee, agent or 3141
employee may introduce evidence of such photograph and photocopy. 3142
(e) The commissioner may require a cannabis establishment to use an 3143
online age verification system. 3144
Sec. 80. (NEW) (Effective January 1, 2022) Any person who induces any 3145
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minor to procure cannabis or cannabis products from any person 3146
licensed to sell such cannabis products shall be fined not more than one 3147
thousand dollars or imprisoned not more than one year or both. The 3148
provisions of this section shall not apply to any such inducement in 3149
furtherance of an official investigation or enforcement activity 3150
conducted by a law enforcement agency. 3151
Sec. 81. (NEW) (Effective January 1, 2022) (a) Each person who attains 3152
the age of twenty-one years and has a motor vehicle operator's license 3153
or identity card issued in accordance with the provisions of section 1-1h 3154
of the general statutes, containing a full-face photograph of such person, 3155
may use, and each licensee may accept, such license as legal proof of the 3156
age of the person for the purposes of this act. 3157
(b) Any person who, for the purpose of procuring cannabis or 3158
cannabis products, misrepresents his or her age or uses or exhibits an 3159
operator's license belonging to any other person shall, on a first offense, 3160
be fined not more than two hundred fifty dollars, and on a subsequent 3161
offense, be guilty of a class D misdemeanor. 3162
(c) Notwithstanding subsection (b) of this section, an individual who 3163
is employed or contracted directly or indirectly by a state agency to 3164
purchase cannabis or cannabis products for the purposes of testing the 3165
age verification and product controls of cannabis retailers shall not have 3166
broken the law or be fined or imprisoned. 3167
Sec. 82. (NEW) (Effective January 1, 2022) (a) No person having 3168
possession of, or exercising dominion and control over, any dwelling 3169
unit or private property shall: (1) Knowingly, recklessly or with criminal 3170
negligence permit any minor to possess cannabis or cannabis products 3171
in violation of section 74 of this act in such dwelling unit or on such 3172
private property, or (2) knowing that any minor possesses cannabis or 3173
cannabis products in violation section 74 of this act in such dwelling unit 3174
or on such private property, fail to make reasonable efforts to halt such 3175
possession. 3176
Governor's Bill No. 888
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(b) Any person who violates the provisions of subsection (a) of this 3177
section shall be guilty of a class A misdemeanor. 3178
Sec. 83. (NEW) (Effective January 1, 2022) No retailer or hybrid retailer, 3179
nor their employees or agents, shall permit any minor or any person to 3180
whom the sale or gift of cannabis or cannabis products has been 3181
forbidden according to law to loiter on his or her premises where such 3182
cannabis or cannabis product is kept for sale, or shall allow any minor 3183
other than a minor accompanied by his or her parent or guardian, to be 3184
in any room where cannabis or cannabis products are consumed. A first 3185
violation of this section shall be an infraction with a penalty not to 3186
exceed one thousand dollars, and a subsequent violation of this 3187
subsection shall be a class B misdemeanor. This section shall not apply 3188
to any employee at a cannabis establishment who is eighteen to twenty 3189
years of age. 3190
Sec. 84. (NEW) (Effective July 1, 2022) (a) No employer shall be 3191
required to make accommodations for an employee or be required to 3192
allow an employee to: (1) Perform his or her duties while under the 3193
influence of cannabis, or (2) possess, use or otherwise consume cannabis 3194
while performing such duties, except possession of palliative cannabis 3195
by a qualifying patient under chapter 420f of the general statutes. 3196
(b) (1) An employer may implement a policy prohibiting the 3197
possession, use or other consumption of cannabis by an employee, 3198
except as provided in section 21a-408p of the general statutes and except 3199
possession of palliative cannabis by a qualifying patient under chapter 3200
420f, provided such policy is: (A) In writing, (B) equally applicable to 3201
each employee, and (C) made available to each employee prior to the 3202
enactment of such policy. The employer shall provide any such policy 3203
in writing to each prospective employee at the time the employer makes 3204
an offer of employment to the prospective employee. 3205
(2) No employer shall discharge from employment or take any 3206
adverse action against any employee with respect to compensation, 3207
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terms, conditions or other privileges of employment because that person 3208
does or does not smoke, vape, aerosolize or otherwise use cannabis 3209
products outside of the workplace, unless such employment action is 3210
made pursuant to a policy established under subdivision (1) of this 3211
subsection. 3212
(c) Nothing in this act: (1) Requires an employer to (A) amend or 3213
repeal, or affect, restrict or preempt the rights and obligations of 3214
employers to maintain a drug and alcohol-free workplace, or (B) permit 3215
or accommodate the use, consumption, being under the influence of, 3216
possession, transfer, display, transportation, sale or growth of cannabis 3217
or cannabis products in the workplace, except possession of palliative 3218
cannabis by a qualifying patient under chapter 420f, (2) affects the ability 3219
of employers to have policies prohibiting the use of cannabis products 3220
or intoxication by employees during work hours, or (3) shall limit an 3221
employer from taking appropriate employment action, including, but 3222
not limited to, requiring an employee to take a drug test, upon 3223
reasonable suspicion of an employee's usage of cannabis while engaged 3224
in the performance of the employee's work responsibilities, or that an 3225
employee manifests specific, articulable symptoms of drug impairment 3226
while working that decrease or lessen the employee's performance of 3227
the duties or tasks of the employee's job position, including, but not 3228
limited to, (A) symptoms of the employee's speech, physical dexterity, 3229
agility, coordination, demeanor, irrational or unusual behavior, or 3230
negligence or carelessness in operating equipment of machinery, (B) 3231
disregard for the safety of the employee or others, or involvement in any 3232
accident that results in serious damage to equipment or property, (C) 3233
disruption of a production or manufacturing process, or (D) 3234
carelessness that results in any injury to the employee or others. 3235
Sec. 85. (NEW) (Effective July 1, 2022) (a) A drug test of an individual, 3236
other than a prospective or current employee as set forth in this act, that 3237
solely yields a positive result for 11 -nor-9-carboxy-delta-9-3238
tetrahydrocannabinol shall not be construed as proof that such 3239
individual is under the influence of or impaired by cannabis unless the 3240
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LCO No. 3311 108 of 163
test yields a positive result for active tetrahydrocannabinol, delta-9-3241
tetrahydrocannabinol, delta-8-tetrahydrocannabinol, or other active 3242
cannabinoid found in cannabis which causes impairment. 3243
(b) A drug test of a student, prospective or current employee, other 3244
than as set forth in this act, or tenant, that solely yields a positive result 3245
for 11-nor-9-carboxy-delta-9-tetrahydrocannabinol shall not form the 3246
sole basis for refusal to enroll or continue to enroll, employ or continue 3247
to employ, lease to or continue to lease to, or otherwise penalize that 3248
person, unless failing to do so would put the educational institution, 3249
employer or landlord in violation of a federal contract or cause it to lose 3250
federal funding. 3251
Sec. 86. (NEW) (Effective July 1, 2022) The presence of cannabinoid 3252
metabolites in the bodily fluids of a person: 3253
(1) With respect to a patient, shall not constitute the use of an illicit 3254
substance resulting in denial of medical care, including organ 3255
transplant, and a patient's use of cannabis products may only be 3256
considered with respect to evidence-based clinical criteria; and 3257
(2) With respect to a parent or legal guardian of a child or newborn 3258
infant, or a pregnant woman, shall not form the sole or primary basis for 3259
any action or proceeding by the Department of Children and Families, 3260
or any successor agencies provided, however, that nothing in this 3261
subdivision shall preclude any action or proceeding by such department 3262
based on harm or risk of harm to a child or the use of information on the 3263
presence of cannabinoid metabolites in the bodily fluids of any person 3264
in any action or proceeding. 3265
Sec. 87. (NEW) (Effective July 1, 2022) (a) (1) If an employer has 3266
violated any provision of section 84 or 85 of this act, an individual 3267
aggrieved by such violation may bring a civil action for judicial 3268
enforcement of such provision in the superior court for the judicial 3269
district where the violation is alleged to have occurred or where the 3270
employer has its principal office within ninety days of such alleged 3271
Governor's Bill No. 888
LCO No. 3311 109 of 163
violation, except any action involving a state agency may be brought in 3272
the superior court for the judicial district of Hartford. Any individual 3273
who prevails in such civil action may be awarded reinstatement of the 3274
individual's previous employment and shall be awarded payment of 3275
back wages and reasonable attorney's fees and costs, to be taxed by the 3276
court. 3277
(2) There shall be no cause of action for: (A) Actions based on the 3278
employer's good faith belief that an employee used or possessed 3279
cannabis, except possession of palliative cannabis by a qualifying 3280
patient under chapter 420f of the general statutes, in the employer's 3281
workplace or while performing the employee's job duties or while on 3282
call in violation of the employer's employment policies; (B) actions, 3283
including discipline or termination of employment, based on the 3284
employer's good faith belief that an employee was unfit for duty or 3285
impaired as a result of the use of cannabis, or under the influence of 3286
cannabis, while at the employer's workplace or while performing the 3287
employee's job duties or while on call in violation of the employer's 3288
workplace drug policy; or (C) injury, loss or liability to a third party if 3289
the employer neither knew nor had reason to know that the employee 3290
was impaired by cannabis. 3291
(b) The provisions of sections 84 and 85 of this act shall not apply to 3292
drug testing, conditions of continued employment or conditions for 3293
hiring employees required pursuant to: 3294
(1) Any regulation of the federal Department of Transportation, if 3295
such regulation requires testing of a prospective employee in 3296
accordance with 49 CFR 40 or any regulations of state agencies that 3297
adopts a federal regulation for purposes of enforcing the requirements 3298
of such regulation with respect to intrastate commerce; 3299
(2) Any contract entered into between the federal government and an 3300
employer or any grant of financial assistance from the federal 3301
government to an employer that requires drug testing of prospective 3302
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LCO No. 3311 110 of 163
employees as a condition of receiving the contract or grant; 3303
(3) Any federal law or state statute, regulation or order that requires 3304
drug testing of prospective employees for safety or security purposes; 3305
or 3306
(4) Any applicant whose prospective employer is a party to a valid 3307
collective bargaining agreement that specifically addresses 3308
preemployment drug testing of such applicant. 3309
(c) The provisions of this act shall not apply in the following instances 3310
and if the prospective employee is applying for a position as, or if a 3311
current employee holds a position as: 3312
(1) A firefighter; 3313
(2) An emergency medical technician; 3314
(3) A police officer or peace officer, or in a position with a law 3315
enforcement or investigative function at a state or local agency; 3316
(4) An employee required to operate a motor vehicle, for which 3317
federal or state law requires such employee to submit to screening tests, 3318
including, but not limited to, any position requiring a commercial 3319
driver's license; 3320
(5) The extent that such provisions are inconsistent or otherwise in 3321
conflict with the provisions of an employment contract or collective 3322
bargaining agreement; 3323
(6) To the extent that such provisions are inconsistent or otherwise in 3324
conflict with any provision of federal law; 3325
(7) A position of employment funded in whole or in part by a federal 3326
grant; 3327
(8) Any position requiring certification of completion of a course in 3328
construction safety and health approved by the United States 3329
Governor's Bill No. 888
LCO No. 3311 111 of 163
Department of Labor's occupational safety and health administration; 3330
(9) Any position requiring the supervision or care of children, 3331
medical patients or vulnerable persons; 3332
(10) Any position with the potential to adversely impact the health or 3333
safety of employees or members of the public, in the determination of 3334
the employer; or 3335
(11) Any position at a nonprofit organization or corporation the 3336
primary purpose of which is to discourage use of cannabis products by 3337
the general public. 3338
(d) Notwithstanding chapter 557 of the general statutes, no employer, 3339
officer, agent or other person who violates any provision of this act shall 3340
be liable to the Department of Labor for a civil penalty, nor shall the 3341
Department of Labor undertake an investigation of an employer, officer, 3342
agent or other person based solely on an allegation that said employer, 3343
officer, agent or other person violated the provisions of this section. 3344
Sec. 88. (NEW) (Effective October 1, 2021) (a) A person is guilty of 3345
smoking, otherwise inhaling or ingesting cannabis, as defined in section 3346
1 of this act, while operating a motor vehicle when he or she smokes, 3347
otherwise inhales or ingests a cannabis product, as defined in section 1 3348
of this act, while operating a motor vehicle upon a public highway of 3349
this state or upon any road of any specially chartered municipal 3350
association or of any district organized under the provisions of chapter 3351
105 of the general statutes, a purpose of which is the construction and 3352
maintenance of roads and sidewalks, or in any parking area for ten cars 3353
or more, or upon any private road on which a speed limit has been 3354
established in accordance with the provisions of section 14-218a of the 3355
general statutes or upon any school property. No person shall be 3356
convicted of smoking or otherwise inhaling or ingesting cannabis while 3357
operating a motor vehicle and possessing or having under such person's 3358
control a controlled substance upon the same transaction. A person may 3359
be charged and prosecuted for either or each such offense, a violation of 3360
Governor's Bill No. 888
LCO No. 3311 112 of 163
operating a motor vehicle while under the influence of any drug and 3361
any other applicable offense upon the same information. 3362
(b) Smoking, otherwise inhaling or ingesting cannabis while 3363
operating a motor vehicle is a class C misdemeanor. 3364
Sec. 89. (NEW) (Effective October 1, 2021) (a) A person is guilty of 3365
smoking cannabis in a motor vehicle when he or she smokes cannabis, 3366
as defined in section 1 of this act, in a motor vehicle that is being 3367
operated by another person upon a public highway of this state or upon 3368
any road of any specially chartered municipal association or of any 3369
district organized under the provisions of chapter 105 of the general 3370
statutes, a purpose of which is the construction and maintenance of 3371
roads and sidewalks, or in any parking area for ten cars or more, or upon 3372
any private road on which a speed limit has been established in 3373
accordance with the provisions of section 14-218a of the general statutes 3374
or upon any school property. No person shall be convicted of smoking 3375
cannabis as a passenger in a motor vehicle and possessing or having 3376
under such person's control a controlled substance upon the same 3377
transaction, but such person may be charged and prosecuted for both 3378
offenses upon the same information. 3379
(b) Smoking cannabis in a motor vehicle is a class D misdemeanor. 3380
Sec. 90. (NEW) (Effective July 1, 2021) (a) Not later than January 1, 3381
2022, each law enforcement unit shall report to the Police Officer 3382
Standards and Training Council, in the manner specified by the council, 3383
a recommendation as to the minimum number of officers that such law 3384
enforcement unit should have accredited as drug recognition experts in 3385
order to ensure adequate availability of drug recognition experts to 3386
respond to instances of impaired driving, allowing that law enforcement 3387
units may call upon drug recognition experts from other law 3388
enforcement units as necessary and available. Such recommendation 3389
shall be based on data on impaired driving made available to law 3390
enforcement units by the Department of Transportation and any 3391
Governor's Bill No. 888
LCO No. 3311 113 of 163
guidance issued by the council. 3392
(b) The Police Officer Standards and Training Council, in conjunction 3393
with the Highway Safety Office within the Department of 3394
Transportation, shall determine the minimum number of police officers 3395
to be accredited as drug recognition experts for each law enforcement 3396
unit. In making such determination, the council and office shall consider 3397
the recommendation made by each law enforcement unit pursuant to 3398
subsection (a) of this section. The council and office shall submit the 3399
results of such determination to the Governor and the Secretary of the 3400
Office of Policy and Management not later than July 1, 2022. 3401
(c) Not later than April 1, 2022, the Police Officer Standards and 3402
Training Council shall develop and promulgate a model drug 3403
recognition expert policy to ensure that enough police officers become 3404
trained drug recognition experts in each law enforcement unit to meet 3405
the minimum number established in subsection (b) of this section. 3406
(d) Not later than October 1, 2022, each law enforcement unit shall 3407
adopt and maintain a written policy that meets or exceeds the standards 3408
of the model policy developed pursuant to subsection (c) of this section. 3409
(e) Not later than January 1, 2022, the Police Officer Standards and 3410
Training Council and the Highway Safety Office within the Department 3411
of Transportation shall jointly issue a plan to increase access to 3412
advanced roadside impaired driving enforcement training and drug 3413
recognition expert training for police officers and law enforcement units 3414
in the state. 3415
(f) On and after January 1, 2022, each police officer who has not yet 3416
been recertified pursuant to section 7-294e of the general statutes for the 3417
first time after receiving an initial certification, shall complete training 3418
and receive certification in advanced roadside impaired driving 3419
enforcement prior to being recertified pursuant to section 7-294e of the 3420
general statutes. 3421
Governor's Bill No. 888
LCO No. 3311 114 of 163
(g) For purposes of this section, "advanced roadside impaired driving 3422
enforcement" means a program developed by the National Highway 3423
Traffic Safety Administration with the International Association of 3424
Chiefs of Police and the Technical Advisory Panel, which focuses on 3425
impaired driving enforcement education for police officers, or any 3426
successor to such program; "drug recognition expert" means a person 3427
certified by the International Association of Chiefs of Police as having 3428
met all requirements of the International Drug Evaluation and 3429
Classification Program; "law enforcement unit" has the same meaning 3430
as provided in section 7-294a of the general statutes; and "Police Officer 3431
Standards and Training Council" means the council established under 3432
section 7-294b of the general statutes. 3433
Sec. 91. Subsections (a) to (e), inclusive, of section 14-227a of the 3434
general statutes are repealed and the following is substituted in lieu 3435
thereof (Effective April 1, 2022): 3436
(a) No person shall operate a motor vehicle while under the influence 3437
of intoxicating liquor or any drug or both. A person commits the offense 3438
of operating a motor vehicle while under the influence of intoxicating 3439
liquor or any drug or both if such person operates a motor vehicle (1) 3440
while under the influence of intoxicating liquor or any drug or both, or 3441
(2) while such person has an elevated blood alcohol content. For the 3442
purposes of this section, "elevated blood alcohol content" means a ratio 3443
of alcohol in the blood of such person that is eight-hundredths of one 3444
per cent or more of alcohol, by weight, except that if such person is 3445
operating a commercial motor vehicle, "elevated blood alcohol content" 3446
means a ratio of alcohol in the blood of such person that is four-3447
hundredths of one per cent or more of alcohol, by weight, and "motor 3448
vehicle" includes a snowmobile and all-terrain vehicle, as those terms 3449
are defined in section 14-379. For purposes of this section, section 14-3450
227b, as amended by this act, and section 14-227c, as amended by this 3451
act, (A) "advanced roadside impaired driving enforcement" means a 3452
program developed by the National Highway Traffic Safety 3453
Administration with the International Association of Chiefs of Police 3454
Governor's Bill No. 888
LCO No. 3311 115 of 163
and the Technical Advisory Panel, which focuses on impaired driving 3455
enforcement education for police officers, or any successor to such 3456
program; (B) "drug influence evaluation" means a twelve-part 3457
evaluation developed by the National Highway Traffic Safety 3458
Administration and the International Association of Chiefs of Police that 3459
is conducted by a drug recognition expert to determine the level of a 3460
person's impairment from the use of drugs and the drug category 3461
causing such impairment; (C) "drug recognition expert" means a person 3462
certified by the International Association of Chiefs of Police as having 3463
met all requirements of the International Drug Evaluation and 3464
Classification Program; and (D) "nontestimonial portion of a drug 3465
influence evaluation" means a drug influence evaluation conducted by 3466
a drug recognition expert that does not include a verbal interview with 3467
the subject. 3468
(b) (1) Except as provided in subsection (c) of this section, in any 3469
criminal prosecution for violation of subsection (a) of this section, 3470
evidence respecting the amount of alcohol or drug in the defendant's 3471
blood or urine at the time of the alleged offense, as shown by a chemical 3472
[analysis] test of the defendant's breath, blood or urine, shall be 3473
admissible and competent provided: [(1)] (A) The defendant was 3474
afforded a reasonable opportunity to telephone an attorney prior to the 3475
performance of the test and consented to the taking of the test upon 3476
which such analysis is made; [(2)] (B) a true copy of the report of the test 3477
result was mailed to or personally delivered to the defendant within 3478
twenty-four hours or by the end of the next regular business day, after 3479
such result was known, whichever is later; [(3)] (C) the test was 3480
performed by or at the direction of a police officer according to methods 3481
and with equipment approved by the Department of Emergency 3482
Services and Public Protection and was performed in accordance with 3483
the regulations adopted under subsection (d) of this section; [(4)] (D) the 3484
device used for such test was checked for accuracy in accordance with 3485
the regulations adopted under subsection (d) of this section; [(5)] (E) an 3486
additional chemical test of the same type was performed at least ten 3487
Governor's Bill No. 888
LCO No. 3311 116 of 163
minutes after the initial test was performed or, if requested by the police 3488
officer for reasonable cause, an additional chemical test of a different 3489
type was performed, including a test to detect the presence of a drug or 3490
drugs other than or in addition to alcohol, provided the results of the 3491
initial test shall not be inadmissible under this subsection if reasonable 3492
efforts were made to have such additional test performed in accordance 3493
with the conditions set forth in this subsection and (i) such additional 3494
test was not performed or was not performed within a reasonable time, 3495
or (ii) the results of such additional test are not admissible for failure to 3496
meet a condition set forth in this subsection; and [(6)] (F) evidence is 3497
presented that the test was commenced within two hours of operation. 3498
In any prosecution under this section it shall be a rebuttable 3499
presumption that the results of such chemical [analysis] test establish 3500
the ratio of alcohol in the blood of the defendant at the time of the 3501
alleged offense, except that if the results of the additional test indicate 3502
that the ratio of alcohol in the blood of such defendant is ten-hundredths 3503
of one per cent or less of alcohol, by weight, and is higher than the 3504
results of the first test, evidence shall be presented that demonstrates 3505
that the test results and the analysis thereof accurately indicate the blood 3506
alcohol content at the time of the alleged offense. 3507
(2) If a law enforcement officer who is a drug recognition expert 3508
conducts a drug influence evaluation, the officer's testimony concerning 3509
such evaluation shall be admissible and competent as evidence of 3510
operation of a motor vehicle while under the influence of liquor or any 3511
drug, or both, under subdivision (1) of subsection (a) of this section. 3512
(c) In any prosecution for a violation of subdivision (1) of subsection 3513
(a) of this section, reliable evidence respecting the amount of alcohol in 3514
the defendant's blood or urine at the time of the alleged offense, as 3515
shown by a chemical analysis of the defendant's blood, breath or urine, 3516
otherwise admissible under subdivision (1) of subsection (b) of this 3517
section, shall be admissible only at the request of the defendant. 3518
(d) The Commissioner of Emergency Services and Public Protection 3519
Governor's Bill No. 888
LCO No. 3311 117 of 163
shall ascertain the reliability of each method and type of device offered 3520
for chemical testing [and analysis purposes] of blood, of breath and of 3521
urine and certify those methods and types which [said] the 3522
commissioner finds suitable for use in testing [and analysis] of blood, 3523
breath and urine, respectively, in this state. The Commissioner of 3524
Emergency Services and Public Protection shall adopt regulations, in 3525
accordance with chapter 54, governing the conduct of chemical tests, the 3526
operation and use of chemical test devices, the training and certification 3527
of operators of such devices and the drawing or obtaining of blood, 3528
breath or urine samples as [said] the commissioner finds necessary to 3529
protect the health and safety of persons who submit to chemical tests 3530
and to insure reasonable accuracy in testing results. Such regulations 3531
shall not require recertification of a police officer solely because such 3532
officer terminates such officer's employment with the law enforcement 3533
agency for which certification was originally issued and commences 3534
employment with another such agency. A person qualified to withdraw 3535
blood or any hospital, laboratory or other clinic employing or utilizing 3536
the services of such a person shall not incur any civil liability as a result 3537
of such activities if requested by a police officer acting in accordance 3538
with this section or section 14-227c, as amended by this act, to withdraw 3539
blood unless the actions of the person while performing such activities 3540
constitute gross negligence. 3541
(e) (1) In any criminal prosecution for a violation of subsection (a) of 3542
this section, evidence that the defendant refused to submit to a blood, 3543
breath or urine test or the nontestimonial portion of a drug influence 3544
evaluation requested in accordance with section 14-227b, as amended 3545
by this act, shall be admissible provided the requirements of subsection 3546
(b) of said section have been satisfied. If a case involving a violation of 3547
subsection (a) of this section is tried to a jury, the court shall instruct the 3548
jury as to any inference that may or may not be drawn from the 3549
defendant's refusal to submit to [a blood, breath or urine test] such a test 3550
or evaluation. 3551
(2) A drug recognition expert may testify as to his or her opinion or 3552
Governor's Bill No. 888
LCO No. 3311 118 of 163
otherwise as to the significance of any symptoms of impairment or 3553
intoxication for which evidence has been admitted or on the condition 3554
that such evidence be introduced. 3555
(3) In any prosecution for a violation of subdivision (1) of subsection 3556
(a) of this section in which it is alleged that the defendant's operation of 3557
a motor vehicle was impaired, in whole or in part, by consumption of 3558
cannabis, cannabis products or THC, as those terms are defined in 3559
section 1 of this act, the court may take judicial notice that the ingestion 3560
of THC (A) can impair a person's ability to operate a motor vehicle; (B) 3561
can impair a person's motor function, reaction time, tracking ability, 3562
cognitive attention, decision-making, judgment, perception, peripheral 3563
vision, impulse control and memory; and (C) does not enhance a 3564
person's ability to safely operate a motor vehicle. 3565
Sec. 92. Section 14-227b of the general statutes is repealed and the 3566
following is substituted in lieu thereof (Effective April 1, 2022): 3567
(a) Any person who operates a motor vehicle in this state shall be 3568
deemed to have given such person's consent to: [a] (1) A chemical 3569
[analysis] test of such person's blood, breath or urine; [and, if] and (2) a 3570
nontestimonial portion of a drug influence evaluation conducted by a 3571
drug recognition expert. If such person is a minor, such person's parent 3572
or parents or guardian shall also be deemed to have given their consent 3573
for such test or evaluation. 3574
[(b) If any such person, having been placed under arrest for a 3575
violation of section 14-227a or 14-227m or subdivision (1) or (2) of 3576
subsection (a) of section 14-227n, and thereafter, after being apprised of 3577
such person's constitutional rights, having been requested to submit to 3578
a blood, breath or urine test at the option of the police officer, having 3579
been afforded a reasonable opportunity to telephone an attorney prior 3580
to the performance of such test and having been informed that such 3581
person's license or nonresident operating privilege may be suspended 3582
in accordance with the provisions of this section if such person refuses 3583
Governor's Bill No. 888
LCO No. 3311 119 of 163
to submit to such test, or if such person submits to such test and the 3584
results of such test indicate that such person has an elevated blood 3585
alcohol content, and that evidence of any such refusal shall be 3586
admissible in accordance with subsection (e) of section 14-227a and may 3587
be used against such person in any criminal prosecution, refuses to 3588
submit to the designated test, the test shall not be given; provided, if the 3589
person refuses or is unable to submit to a blood test, the police officer 3590
shall designate the breath or urine test as the test to be taken. The police 3591
officer shall make a notation upon the records of the police department 3592
that such officer informed the person that such person's license or 3593
nonresident operating privilege may be suspended if such person 3594
refused to submit to such test or if such person submitted to such test 3595
and the results of such test indicated that such person had an elevated 3596
blood alcohol content.] 3597
(b) (1) A police officer who has placed a person under arrest for a 3598
violation of section 14-227a, as amended by this act, 14-227m or 3599
subdivision (1) or (2) of subsection (a) of section 14-227n may request 3600
that such person submit to a blood, breath or urine test at the option of 3601
the police officer, a drug influence evaluation conducted by a drug 3602
recognition expert, or both, after such person has been (A) apprised of 3603
such person's constitutional rights; (B) afforded a reasonable 3604
opportunity to telephone an attorney prior to the performance of such 3605
test or evaluation; (C) informed that evidence of any refusal to submit 3606
to such test or evaluation shall be admissible in accordance with 3607
subsection (e) of section 14-227a, as amended by this act, and may be 3608
used against such person in any criminal prosecution, except that 3609
refusal to submit to the testimonial portions of a drug influence 3610
evaluation shall not be considered evidence of refusal of such evaluation 3611
for purposes of any criminal prosecution; and (D) informed that such 3612
person's license or operating privilege may be suspended in accordance 3613
with the provisions of this section if (i) such person refuses to submit to 3614
such test or the nontestimonial portion of a drug influence evaluation, 3615
(ii) such person submits to such test and the results of such test indicate 3616
Governor's Bill No. 888
LCO No. 3311 120 of 163
that such person has an elevated blood alcohol content, or (iii) the officer 3617
believes there is substantial evidence to conclude that such person was 3618
operating a motor vehicle under the influence of intoxicating liquor or 3619
any drug, or both. 3620
(2) If the person refuses to submit to any test or drug influence 3621
evaluation, the test or evaluation shall not be given, except if the person 3622
refuses or is unable to submit to a blood test, the police officer shall 3623
designate another test to be taken. If a person submits to a breath test 3624
and the results indicate that the person does not have an elevated blood 3625
alcohol content, the police officer may request that the person submit to 3626
a different type of test, except that if such person refuses or is unable to 3627
submit to a blood test, the officer shall designate a urine test to be taken. 3628
The police officer shall make a notation upon the records of the law 3629
enforcement unit, as defined in section 7-294a, that such officer 3630
informed the person that such person's license or operating privilege 3631
may be suspended if (A) such person refused to submit to such test or 3632
nontestimonial portion of a drug influence evaluation; (B) such person 3633
submitted to such test and the results of such test indicated that such 3634
person had an elevated blood alcohol content; or (C) the officer believes 3635
there is substantial evidence to conclude that such person was operating 3636
a motor vehicle under the influence of intoxicating liquor or any drug, 3637
or both. 3638
(c) If the person arrested refuses to submit to such test or [analysis] 3639
nontestimonial portion of a drug influence evaluation or submits to such 3640
test, [or analysis,] commenced within two hours of the time of operation, 3641
and the results of such test [or analysis] indicate that such person has an 3642
elevated blood alcohol content, the police officer, acting on behalf of the 3643
Commissioner of Motor Vehicles, shall immediately revoke and take 3644
possession of the motor vehicle operator's license or, if such person is 3645
not licensed or is a nonresident, suspend the [nonresident] operating 3646
privilege of such person, for a twenty-four-hour period. The police 3647
officer shall prepare a report of the incident and shall mail or otherwise 3648
transmit in accordance with this subsection the report and a copy of the 3649
Governor's Bill No. 888
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results of any chemical test [or analysis] to the Department of Motor 3650
Vehicles within three business days, except that failure of an officer to 3651
mail or transmit such report within three business days shall not impact 3652
a decision to suspend such person's license or operating privilege and 3653
shall not render such report inadmissible at a hearing under this section. 3654
The report shall contain such information as prescribed by the 3655
Commissioner of Motor Vehicles and shall be subscribed and sworn to 3656
under penalty of false statement as provided in section 53a-157b by the 3657
arresting officer. If the person arrested refused to submit to such test or 3658
[analysis] evaluation, the report shall be endorsed by a third person who 3659
witnessed such refusal. The report shall set forth the grounds for the 3660
officer's belief that there was probable cause to arrest such person for a 3661
violation of section 14-227a, as amended by this act, or 14-227m or 3662
subdivision (1) or (2) of subsection (a) of section 14-227n and shall state 3663
that such person had refused to submit to such test or [analysis] 3664
evaluation when requested by such police officer to do so or that such 3665
person submitted to such test, [or analysis,] commenced within two 3666
hours of the time of operation, and the results of such test [or analysis] 3667
indicated that such person had an elevated blood alcohol content. The 3668
Commissioner of Motor Vehicles may accept a police report under this 3669
subsection that is prepared and transmitted as an electronic record, 3670
including electronic signature or signatures, subject to such security 3671
procedures as the commissioner may specify and in accordance with the 3672
provisions of sections 1-266 to 1-286, inclusive. In any hearing 3673
conducted pursuant to the provisions of subsection (g) of this section, it 3674
shall not be a ground for objection to the admissibility of a police report 3675
that it is an electronic record prepared by electronic means. 3676
[(d) If the person arrested submits to a blood or urine test at the 3677
request of the police officer, and the specimen requires laboratory 3678
analysis in order to obtain the test results, the police officer shall not take 3679
possession of the motor vehicle operator's license of such person or, 3680
except as provided in this subsection, follow the procedures subsequent 3681
to taking possession of the operator's license as set forth in subsection 3682
Governor's Bill No. 888
LCO No. 3311 122 of 163
(c) of this section. If the test results indicate that such person has an 3683
elevated blood alcohol content, the police officer, immediately upon 3684
receipt of the test results, shall notify the Commissioner of Motor 3685
Vehicles and submit to the commissioner the written report required 3686
pursuant to subsection (c) of this section.] 3687
(d) If a police officer who has placed a person under arrest for a 3688
violation of section 14-227a, as amended by this act, 14-227m or 3689
subdivision (1) or (2) of subsection (a) of section 14-227n does not 3690
request that such person submit to a blood, breath or urine test under 3691
subsection (b) of this section, or obtains results from a test administered 3692
under subsection (b) of this section that indicate that the person does not 3693
have an elevated blood alcohol content, such officer shall: 3694
(1) Advise such person that such person's license or operating 3695
privilege may be suspended in accordance with the provisions of this 3696
section if such police officer believes there is substantial evidence to 3697
conclude that such person was operating a motor vehicle under the 3698
influence of intoxicating liquor or any drug, or both; and 3699
(2) Submit a report to the commissioner in accordance with the 3700
procedure set forth in subsection (c) of this section and, if such report 3701
contains the results of a blood, breath or urine test that does not show 3702
an elevated blood alcohol content, such report shall conform to the 3703
requirements in subsection (c) of this section for reports that contain 3704
results showing an elevated blood alcohol content. In any report 3705
submitted under this subdivision, the officer shall document (A) the 3706
basis for the officer's belief that there was probable cause to arrest such 3707
person for a violation of section 14-227a, as amended by this act, or 14-3708
227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and 3709
(B) whether the officer believes that there is substantial evidence to 3710
conclude that the person was operating a motor vehicle under the 3711
influence of intoxicating liquor or any drug, or both. With such report, 3712
the officer may submit other supporting documentation indicating the 3713
person's intoxication by liquor or any drug, or both. If the officer 3714
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LCO No. 3311 123 of 163
believes there is substantial evidence to conclude that the person was 3715
operating a motor vehicle under the influence of intoxicating liquor or 3716
any drug, or both, the officer shall immediately revoke and take 3717
possession of the motor vehicle operator's license or, if such person is 3718
not licensed or is a nonresident, suspend the operating privilege of such 3719
person for a twenty-four-hour period. 3720
(e) (1) Except as provided in subdivision (2) of this subsection, upon 3721
receipt of [such] a report submitted under subsection (c) or (d) of this 3722
section, the [Commissioner of Motor Vehicles] commissioner may 3723
suspend any operator's license or [nonresident] operating privilege of 3724
such person effective as of a date certain, which date certain shall be not 3725
later than thirty days [after] from the later of the date such person 3726
received (A) notice of such person's arrest by the police officer, or (B) the 3727
results of a blood or urine test or a drug influence evaluation. Any 3728
person whose operator's license or [nonresident] operating privilege has 3729
been suspended in accordance with this subdivision shall automatically 3730
be entitled to a hearing before the commissioner to be held in accordance 3731
with the provisions of chapter 54 and prior to the effective date of the 3732
suspension. The commissioner shall send a suspension notice to such 3733
person informing such person that such person's operator's license or 3734
[nonresident] operating privilege is suspended as of a date certain and 3735
that such person is entitled to a hearing prior to the effective date of the 3736
suspension and may schedule such hearing by contacting the 3737
Department of Motor Vehicles not later than seven days after the date 3738
of mailing of such suspension notice. 3739
(2) [If the person arrested (A) is] Upon receipt of a report that (A) the 3740
person's arrest involved [in] an accident resulting in a fatality, or (B) the 3741
person has previously had such person's operator's license or 3742
[nonresident] operating privilege suspended under the provisions of 3743
section 14-227a, as amended by this act, 14-227m or 14-227n, as amended 3744
by this act, during the ten-year period preceding the present arrest, 3745
[upon receipt of such report, the Commissioner of Motor Vehicles] the 3746
commissioner may suspend any operator's license or [nonresident] 3747
Governor's Bill No. 888
LCO No. 3311 124 of 163
operating privilege of such person effective as of the date specified in a 3748
notice of such suspension to such person. [Any] A person whose 3749
operator's license or [nonresident] operating privilege has been 3750
suspended in accordance with this subdivision shall automatically be 3751
entitled to a hearing before the commissioner, to be held in accordance 3752
with the provisions of chapter 54. The commissioner shall send a 3753
suspension notice to such person informing such person that such 3754
person's operator's license or [nonresident] operating privilege is 3755
suspended as of the date specified in such suspension notice, and that 3756
such person is entitled to a hearing and may schedule such hearing by 3757
contacting the Department of Motor Vehicles not later than seven days 3758
after the date of mailing of such suspension notice. Any suspension 3759
issued under this subdivision shall remain in effect until such 3760
suspension is affirmed under subsection (f) of this section or such 3761
operator's license or [nonresident] operating privilege is reinstated in 3762
accordance with [subsections (f) and] subsection (h) of this section. 3763
(f) If such person does not contact the department to schedule a 3764
hearing, the commissioner shall affirm the suspension contained in the 3765
suspension notice for the appropriate period specified in subsection (i) 3766
of this section. 3767
(g) (1) If such person contacts the department to schedule a hearing, 3768
the department shall assign a date, time and place for the hearing, which 3769
date shall be prior to the effective date of the suspension, except that, 3770
with respect to a person whose operator's license or [nonresident] 3771
operating privilege is suspended in accordance with subdivision (2) of 3772
subsection (e) of this section, such hearing shall be scheduled not later 3773
than thirty days after such person contacts the department. At the 3774
request of such person, the hearing officer or the department and upon 3775
a showing of good cause, the commissioner may grant one or more 3776
continuances. [The hearing] 3777
(2) A hearing based on a report submitted under subsection (c) of this 3778
section shall be limited to a determination of the following issues: [(1)] 3779
Governor's Bill No. 888
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(A) Did the police officer have probable cause to arrest the person for 3780
operating a motor vehicle while under the influence of intoxicating 3781
liquor or any drug, or both; [(2)] (B) was such person placed under 3782
arrest; [(3)] (C) did such person (i) refuse to submit to such test or 3783
[analysis or did such person] nontestimonial portion of a drug influence 3784
evaluation, or (ii) submit to such test, [or analysis,] commenced within 3785
two hours of the time of operation, and the results of such test [or 3786
analysis] indicated that such person had an elevated blood alcohol 3787
content; and [(4)] (D) was such person operating the motor vehicle. 3788
(3) A hearing based on a report submitted under subsection (d) of this 3789
section shall be limited to a determination of the following issues: (A) 3790
Did the police officer have probable cause to arrest the person for 3791
operating a motor vehicle while under the influence of intoxicating 3792
liquor or any drug, or both; (B) was such person placed under arrest; (C) 3793
is there substantial evidence to conclude that such person was operating 3794
a motor vehicle under the influence of intoxicating liquor or any drug, 3795
or both; and (D) was such person operating the motor vehicle. 3796
(4) In [the] a hearing under this subsection, the results of the test, [or 3797
analysis] if administered, shall be sufficient to indicate the ratio of 3798
alcohol in the blood of such person at the time of operation, provided 3799
such test was commenced within two hours of the time of operation. 3800
The fees of any witness summoned to appear at [the] a hearing under 3801
this subsection shall be the same as provided by the general statutes for 3802
witnesses in criminal cases. Notwithstanding the provisions of 3803
subsection (a) of section 52-143, any subpoena summoning a police 3804
officer as a witness shall be served not less than seventy-two hours prior 3805
to the designated time of the hearing. 3806
(5) In a hearing based on a report submitted under subsection (d) of 3807
this section, evidence of operation under the influence of intoxicating 3808
liquor or any drug, or both shall be admissible. Such evidence may 3809
include, but need not be limited to, (A) the police officer's observations 3810
of intoxication, as documented in a report submitted to the 3811
Governor's Bill No. 888
LCO No. 3311 126 of 163
commissioner under subsection (d) of this section; (B) the results of any 3812
chemical test administered under this section or a toxicology report 3813
certified by the Division of Scientific Services within the Department of 3814
Emergency Services and Public Protection; (C) hospital or medical 3815
records obtained in accordance with subsection (j) of this section or by 3816
the consent of the operator; (D) the results of any tests conducted by, or 3817
the report of, an officer trained in advanced roadside impaired driving 3818
enforcement; or (E) reports of drug recognition experts. 3819
(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 3820
this section, the commissioner finds in the negative on any one of the 3821
[said] issues [in the negative] specified in subparagraph (A), (B), (C) or 3822
(D) of said subdivision, the commissioner shall reinstate such license or 3823
operating privilege. If, after a hearing under subdivision (3) of 3824
subsection (g) of this section, the commissioner finds in the negative on 3825
any one of the issues specified in subparagraph (A), (B), (C) or (D) of 3826
said subdivision, the commissioner shall reinstate such license or 3827
operating privilege. If, after such hearing under subdivision (2) or (3) of 3828
subsection (g) of this section, the commissioner does not find on any one 3829
of [the] said issues in the negative or if such person fails to appear at 3830
such hearing, the commissioner shall affirm the suspension contained 3831
in the suspension notice for the appropriate period specified in 3832
subsection (i) of this section. The commissioner shall render a decision 3833
at the conclusion of such hearing and send a notice of the decision by 3834
bulk certified mail to such person. The notice of such decision sent by 3835
bulk certified mail to the address of such person as shown by the records 3836
of the commissioner shall be sufficient notice to such person that such 3837
person's operator's license or [nonresident] operating privilege is 3838
reinstated or suspended, as the case may be. 3839
(i) (1) The commissioner shall suspend the operator's license or 3840
[nonresident] operating privilege of a person who did not contact the 3841
department to schedule a hearing, who failed to appear at a hearing, or 3842
against whom a decision was issued, after a hearing, pursuant to 3843
subsection (h) of this section, as of the effective date contained in the 3844
Governor's Bill No. 888
LCO No. 3311 127 of 163
suspension notice, for a period of forty-five days. As a condition for the 3845
restoration of such operator's license or [nonresident] operating 3846
privilege, such person shall be required to install an ignition interlock 3847
device on each motor vehicle owned or operated by such person and, 3848
upon such restoration, be prohibited from operating a motor vehicle 3849
unless such motor vehicle is equipped with a functioning, approved 3850
ignition interlock device, as defined in section 14-227j, for the longer of 3851
either (A) the period prescribed in subdivision (2) of this subsection for 3852
the present arrest and suspension, or (B) the period prescribed in 3853
subdivision (1), (2) or (3) of subsection (g) of section 14-227a or 3854
subdivision (1), (2) or (3) of subsection (c) of section 14-227m or 3855
subdivision (1) or (2) of subsection (c) of section 14-227n for the present 3856
arrest and conviction, if any. 3857
(2) (A) A person twenty-one years of age or older at the time of the 3858
arrest who submitted to a test [or analysis] and the results of such test 3859
[or analysis] indicated that such person had an elevated blood alcohol 3860
content, or was found to have been operating a motor vehicle under the 3861
influence of intoxicating liquor or any drug, or both based on a report 3862
filed pursuant to subsection (d) of this section, shall install and maintain 3863
an ignition interlock device for the following periods: (i) For a first 3864
suspension under this section, six months; (ii) for a second suspension 3865
under this section, one year; and (iii) for a third or subsequent 3866
suspension under this section, two years; (B) a person under twenty-one 3867
years of age at the time of the arrest who submitted to a test [or analysis] 3868
and the results of such test [or analysis] indicated that such person had 3869
an elevated blood alcohol content, or was found to have been operating 3870
a motor vehicle under the influence of intoxicating liquor or any drug, 3871
or both based on a report filed pursuant to subsection (d) of this section, 3872
shall install and maintain an ignition interlock device for the following 3873
periods: (i) For a first suspension under this section, one year; (ii) for a 3874
second suspension under this section, two years; and (iii) for a third or 3875
subsequent suspension under this section, three years; and (C) a person, 3876
regardless of age, who refused to submit to a test or [analysis] 3877
Governor's Bill No. 888
LCO No. 3311 128 of 163
nontestimonial portion of a drug influence evaluation shall install and 3878
maintain an ignition interlock device for the following periods: (i) For a 3879
first suspension under this section, one year; (ii) for a second suspension 3880
under this section, two years; and (iii) for a third or subsequent 3881
suspension, under this section, three years. 3882
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 3883
subsection, a person whose motor vehicle operator's license or 3884
[nonresident] operating privilege has been permanently revoked upon 3885
a third offense pursuant to subsection (g) of section 14-227a, as amended 3886
by this act, or subsection (c) of section 14-227m shall be subject to the 3887
penalties prescribed in subdivision (2) of subsection (i) of section 14-111. 3888
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 3889
of this section, any police officer who obtains the results of a [chemical 3890
analysis] test of a blood sample taken from or a urine sample provided 3891
by an operator of a motor vehicle who was involved in an accident and 3892
suffered or allegedly suffered physical injury in such accident, or who 3893
was otherwise deemed by a police officer to require treatment or 3894
observation at a hospital, shall notify the [Commissioner of Motor 3895
Vehicles] commissioner and submit to the commissioner a written 3896
report if such results indicate that such person had an elevated blood 3897
alcohol content, or any quantity of an intoxicating liquor or any drug, or 3898
both, in such person's blood, and if such person was arrested for 3899
violation of section 14-227a, as amended by this act, or 14-227m or 3900
subdivision (1) or (2) of subsection (a) of section 14-227n. The report 3901
shall be made on a form approved by the commissioner containing such 3902
information as the commissioner prescribes, and shall be subscribed and 3903
sworn to under penalty of false statement, as provided in section 53a-3904
157b, by the police officer. The commissioner may, after notice and an 3905
opportunity for hearing, which shall be conducted by a hearing officer 3906
on behalf of the commissioner in accordance with chapter 54, suspend 3907
the motor vehicle operator's license or [nonresident] operating privilege 3908
of such person for the appropriate period of time specified in subsection 3909
(i) of this section and require such person to install and maintain an 3910
Governor's Bill No. 888
LCO No. 3311 129 of 163
ignition interlock device for the appropriate period of time prescribed 3911
in subsection (i) of this section. Each hearing conducted under this 3912
subsection shall be limited to a determination of the following issues: (1) 3913
Whether the police officer had probable cause to arrest the person for 3914
operating a motor vehicle while under the influence of intoxicating 3915
liquor or drug, or both; (2) whether such person was placed under 3916
arrest; (3) whether such person was operating the motor vehicle; (4) 3917
whether the results of the analysis of the blood or urine of such person 3918
indicate that such person had an elevated blood alcohol content, or there 3919
is substantial evidence to conclude that the person was operating a 3920
motor vehicle under the influence of intoxicating liquor or any drug, or 3921
both; and (5) in the event that a blood sample was taken, whether the 3922
blood sample was obtained in accordance with conditions for 3923
admissibility and competence as evidence as set forth in subsection (k) 3924
of section 14-227a. If, after such hearing, the commissioner finds on any 3925
one of the said issues in the negative, the commissioner shall not impose 3926
a suspension. The fees of any witness summoned to appear at the 3927
hearing shall be the same as provided by the general statutes for 3928
witnesses in criminal cases, as provided in section 52-260. 3929
(k) The provisions of this section shall apply with the same effect to 3930
the refusal by any person to submit to an additional chemical test as 3931
provided in subparagraph (E) of subdivision [(5)] (1) of subsection (b) 3932
of section 14-227a, as amended by this act. 3933
(l) The provisions of this section shall not apply to any person whose 3934
physical condition is such that, according to competent medical advice, 3935
such test would be inadvisable. 3936
(m) The state shall pay the reasonable charges of any physician who, 3937
at the request of a [municipal police department] law enforcement unit, 3938
as defined in section 7-294a, takes a blood sample for purposes of a test 3939
under the provisions of this section. 3940
(n) For the purposes of this section, "elevated blood alcohol content" 3941
Governor's Bill No. 888
LCO No. 3311 130 of 163
means (1) a ratio of alcohol in the blood of such person that is eight-3942
hundredths of one per cent or more of alcohol, by weight, (2) if such 3943
person is operating a commercial motor vehicle, a ratio of alcohol in the 3944
blood of such person that is four-hundredths of one per cent or more of 3945
alcohol, by weight, or (3) if such person is less than twenty-one years of 3946
age, a ratio of alcohol in the blood of such person that is two-hundredths 3947
of one per cent or more of alcohol, by weight. 3948
(o) The Commissioner of Motor Vehicles shall adopt regulations, in 3949
accordance with chapter 54, to implement the provisions of this section. 3950
Sec. 93. Section 14-227c of the general statutes is repealed and the 3951
following is substituted in lieu thereof (Effective April 1, 2022): 3952
(a) As part of the investigation of any motor vehicle accident resulting 3953
in the death of a person, the Chief Medical Examiner, Deputy Chief 3954
Medical Examiner, an associate medical examiner, a pathologist as 3955
specified in section 19a-405, or an authorized assistant medical 3956
examiner, as the case may be, shall order that a blood sample be taken 3957
from the body of any operator or pedestrian who dies as a result of such 3958
accident. Such blood samples shall be examined for the presence and 3959
concentration of alcohol and any drug by the Division of Scientific 3960
Services within the Department of Emergency Services and Public 3961
Protection or by the Office of the Chief Medical Examiner, or by any 3962
forensic toxicology laboratory pursuant to an agreement with the office. 3963
Nothing in this subsection or section 19a-406 shall be construed as 3964
requiring such medical examiner to perform an autopsy in connection 3965
with obtaining such blood samples. 3966
(b) [A blood or breath sample shall be obtained from any surviving 3967
operator whose motor vehicle is involved in an accident resulting in the 3968
serious physical injury, as defined in section 53a-3, or death of another 3969
person, if] If any surviving operator whose motor vehicle is involved in 3970
an accident resulting in the serious physical injury, as defined in section 3971
53a-3, or death of another person, and (1) a police officer has probable 3972
Governor's Bill No. 888
LCO No. 3311 131 of 163
cause to believe that such operator operated such motor vehicle while 3973
under the influence of intoxicating liquor or any drug, or both, or (2) 3974
such operator has been charged with a motor vehicle violation in 3975
connection with such accident and a police officer has a reasonable and 3976
articulable suspicion that such operator operated such motor vehicle 3977
while under the influence of intoxicating liquor or any drug, or both: 3978
(A) A blood, breath or urine sample shall be obtained from such 3979
surviving operator. The test shall be performed by or at the direction of 3980
a police officer according to methods and with equipment approved by 3981
the Department of Emergency Services and Public Protection and shall 3982
be performed by a person certified or recertified for such purpose by 3983
said department or recertified by persons certified as instructors by the 3984
Commissioner of Emergency Services and Public Protection. The 3985
equipment used for such test shall be checked for accuracy by a person 3986
certified by the Department of Emergency Services and Public 3987
Protection immediately before and after such test is performed. If a 3988
blood test is performed, it shall be on a blood sample taken by a person 3989
licensed to practice medicine and surgery in this state, a qualified 3990
laboratory technician, a registered nurse, a physician assistant or a 3991
phlebotomist. [The blood samples] A blood sample obtained from an 3992
operator pursuant to this subsection shall be examined for the presence 3993
and concentration of alcohol and any drug by the Division of Scientific 3994
Services within the Department of Emergency Services and Public 3995
Protection; and 3996
(B) A drug recognition expert shall conduct a drug influence 3997
evaluation of such surviving operator, provided such operator is not 3998
seriously injured or otherwise unable to take such evaluation as a result 3999
of the accident. 4000
(c) Each police officer who obtains from a surviving operator any 4001
blood, breath or urine sample or a drug influence evaluation conducted 4002
on such operator pursuant to subsection (b) of this section shall submit 4003
to the Commissioner of Motor Vehicles a written report providing the 4004
Governor's Bill No. 888
LCO No. 3311 132 of 163
results of such sample or evaluation on a form approved by the 4005
commissioner. The commissioner may, after notice and an opportunity 4006
for a hearing held in accordance with chapter 54 and section 14-227b, as 4007
amended by this act, suspend the motor vehicle operator's license or 4008
operating privilege of such person and require such person to install and 4009
maintain an ignition interlock device as provided for in subsection (i) of 4010
section 14-227b, as amended by this act. Such hearing shall be limited to 4011
a determination of the following issues: (1) Was the person operating 4012
the motor vehicle; (2) was the person's sample obtained in accordance 4013
with, or drug influence evaluation conducted pursuant to, the 4014
provisions of subsection (b) of this section; and (3) was the examined 4015
sample found to have an elevated blood alcohol content, as defined in 4016
section 14-227b, as amended by this act, or was there substantial 4017
evidence that the person was operating the motor vehicle under the 4018
influence of intoxicating liquor or any drug, or both. 4019
(d) In any motor vehicle accident resulting in the death of a person, 4020
the law enforcement unit, as defined in section 7-294a, responding to the 4021
accident shall assign an officer trained in advanced roadside impaired 4022
driving enforcement to respond, if such an officer is available. 4023
Sec. 94. Subsection (c) of section 14-44k of the general statutes is 4024
repealed and the following is substituted in lieu thereof (Effective April 4025
1, 2022): 4026
(c) In addition to any other penalties provided by law, and except as 4027
provided in subsection (d) of this section, a person is disqualified from 4028
operating a commercial motor vehicle for one year if the commissioner 4029
finds that such person (1) has refused to submit to a test to determine 4030
such person's blood alcohol concentration while operating any motor 4031
vehicle [, or has failed such a test when given,] or to a nontestimonial 4032
portion of a drug influence evaluation conducted by a drug recognition 4033
expert, (2) has an elevated blood alcohol content based on such a test 4034
pursuant to section 14-227b, as amended by this act, or (3) was found to 4035
have been operating under the influence of intoxicating liquor or any 4036
Governor's Bill No. 888
LCO No. 3311 133 of 163
drug, or both based on a report filed pursuant to the provisions of 4037
subsection (d) of section 14-227b, as amended by this act, or pursuant to 4038
the provisions of a law of any other state that is deemed by the 4039
commissioner to be substantially similar to section 14-227b, as amended 4040
by this act. For the purpose of this subsection, [a person shall be deemed 4041
to have failed such a test if, when driving a commercial motor vehicle, 4042
the ratio of alcohol in the blood of such person was four-hundredths of 4043
one per cent or more of alcohol, by weight, or if, when driving any other 4044
motor vehicle, the ratio of alcohol in the blood of such person was eight-4045
hundredths of one per cent or more of alcohol, by weight] "drug 4046
recognition expert" and "nontestimonial portion of a drug influence 4047
evaluation" have the same meanings as provided in section 14-227a, as 4048
amended by this act. 4049
Sec. 95. (NEW) (Effective July 1, 2021) The state Traffic Safety Resource 4050
Prosecutor, in consultation with the Department of Transportation, the 4051
Department of Motor Vehicles, the state-wide drug recognition expert 4052
coordinator, and the Connecticut Police Chiefs Association, shall seek 4053
any guidance available from the National Highway Traffic Safety 4054
Administration, and shall (1) develop educational materials and 4055
programs about the drug recognition expert program and drug 4056
influence evaluations, and (2) make such materials and programs 4057
available to the Judicial Branch and the Connecticut Judges Association. 4058
Sec. 96. Section 15-140q of the general statutes is repealed and the 4059
following is substituted in lieu thereof (Effective April 1, 2022): 4060
(a) Any person who operates a vessel in this state shall be deemed to 4061
have consented to (1) a chemical [analysis] test of such person's blood, 4062
breath or urine, [and if] and (2) a nontestimonial portion of a drug 4063
influence evaluation conducted by a drug recognition expert. If such 4064
person is a minor, such person's parent or parents or guardian shall also 4065
be deemed to have given their consent for such [an analysis of the 4066
minor's blood, breath or urine] test or evaluation. 4067
Governor's Bill No. 888
LCO No. 3311 134 of 163
[(b) If any such person, having been placed under arrest for: (1) 4068
Violating subsection (b) of section 53-206d; (2) operating a vessel upon 4069
the waters of this state while under the influence of intoxicating liquor 4070
or any drug, or both; (3) operating a vessel upon the waters of this state 4071
while such person has an elevated blood alcohol content, and thereafter, 4072
after being apprised of such person's constitutional rights, having been 4073
requested to submit to a blood, breath or urine test at the option of the 4074
police officer, having been afforded a reasonable opportunity to 4075
telephone an attorney prior to the performance of such test and having 4076
been informed that such person's safe boating certificate, right to 4077
operate a vessel that requires a safe boating certificate for operation or 4078
certificate of personal watercraft operation issued by the commissioner 4079
as a condition of operating a vessel shall be suspended in accordance 4080
with the provisions of this section if such person refuses to submit to 4081
such test or if such person submits to such test and the results of such 4082
test indicate that such person has an elevated blood alcohol content and 4083
that evidence of any such refusal shall be admissible in accordance with 4084
subsection (d) of section 15-140r, and may be used against such person 4085
in any criminal prosecution, refuses to submit to the designated test, the 4086
test shall not be given; provided, if such person refuses or is unable to 4087
submit to a blood test, the peace officer shall designate the breath or 4088
urine test as the test to be taken. The peace officer shall make a notation 4089
upon the records of the police department that such officer informed 4090
such person that such person's safe boating certificate, right to operate 4091
a vessel that requires a safe boating certificate for operation or certificate 4092
of personal watercraft operation would be suspended if such person 4093
refused to submit to such test or if such person submitted to such test 4094
and the results of such test indicated that such person has an elevated 4095
blood alcohol content.] 4096
(b) (1) A peace officer who has placed a person under arrest for 4097
violating subsection (b) of section 53-206d; operating a vessel upon the 4098
waters of this state while under the influence of intoxicating liquor or 4099
any drug, or both; or operating a vessel upon the waters of this state 4100
Governor's Bill No. 888
LCO No. 3311 135 of 163
while such person has an elevated blood alcohol content, may request 4101
that such person submit to a blood, breath or urine test at the option of 4102
the peace officer, a drug influence evaluation conducted by a drug 4103
recognition expert, or both, after such person has been (A) apprised of 4104
such person's constitutional rights, (B) afforded a reasonable 4105
opportunity to telephone an attorney prior to the performance of such 4106
test or evaluation, (C) informed that evidence of any refusal to submit 4107
to such test or evaluation shall be admissible in accordance with 4108
subsection (d) of section 15-140r, as amended by this act, and may be 4109
used against such person in any criminal prosecution, except that 4110
refusal to submit to the testimonial portions of a drug influence 4111
evaluation shall not be considered evidence of refusal of such evaluation 4112
for purposes of any criminal prosecution, and (D) informed that such 4113
person's safe boating certificate, right to operate a vessel that requires a 4114
safe boating certificate for operation or certificate of personal watercraft 4115
operation issued by the commissioner as a condition of operating a 4116
vessel may be suspended in accordance with the provisions of this 4117
section if (i) such person refuses to submit to such test or nontestimonial 4118
portion of a drug influence evaluation, (ii) such person submits to such 4119
test and the results of such test indicate that such person has an elevated 4120
blood alcohol content, or (iii) the officer believes there is substantial 4121
evidence to conclude that such person was operating a vessel under the 4122
influence of intoxicating liquor or any drug, or both. 4123
(2) If the person refuses to submit to any test or drug influence 4124
evaluation, the test or evaluation shall not be given, except that if the 4125
person refuses or is unable to submit to a blood test, the peace officer 4126
shall designate another test to be taken. If a person submits to a breath 4127
test and the results indicate that the person does not have an elevated 4128
blood alcohol content, the peace officer may request that the person 4129
submit to a different type of test, except that if the person refuses or is 4130
unable to submit to a blood test, the peace officer shall designate a urine 4131
test to be taken. The peace officer shall make a notation upon the records 4132
of the law enforcement unit, as defined in section 7-294a, that such 4133
Governor's Bill No. 888
LCO No. 3311 136 of 163
officer informed the person that such person's safe boating certificate, 4134
right to operate a vessel that requires a safe boating certificate for 4135
operation or certificate of personal watercraft operation may be 4136
suspended if such person (A) refused to submit to such test or the 4137
nontestimonial portion of a drug influence evaluation; (B) submitted to 4138
such test and the results of such test indicated that such person had an 4139
elevated blood alcohol content; or (C) the officer believes there is 4140
substantial evidence to conclude that such person was operating a 4141
vessel under the influence of intoxicating liquor or any drug, or both. 4142
(c) (1) If the person arrested refuses to submit to such test or [analysis] 4143
nontestimonial portion of a drug influence evaluation, or submits to 4144
such test [or analysis] and the results of such test [or analysis] indicate 4145
that at the time of the alleged offense such person had an elevated blood 4146
alcohol content, the peace officer shall immediately revoke the safe 4147
boating certificate, right to operate a vessel that requires a safe boating 4148
certificate for operation or certificate of personal watercraft operation, if 4149
any, of such person for a twenty-four-hour period. The peace officer 4150
shall prepare a written report of the incident and shall mail the report, 4151
together with any certificate taken into possession and a copy of the 4152
results of any chemical test, [or analysis,] to the commissioner within 4153
three business days, except that failure of an officer to mail or transmit 4154
such report within three business days shall not impact a decision to 4155
suspend a safe boating certificate, right to operate a vessel that requires 4156
a safe boating certificate for operation or certificate of personal 4157
watercraft operation issued by the commissioner as a condition of 4158
operating a vessel and shall not render such report inadmissible at a 4159
hearing under this section. The report shall be made on a form approved 4160
by the commissioner and shall be subscribed and sworn to under 4161
penalty of false statement as provided in section 53a-157b by the peace 4162
officer before whom such refusal was made or who administered or 4163
caused to be administered such test. [or analysis.] If the person arrested 4164
refused to submit to such test or [analysis] evaluation, the report shall 4165
be endorsed by a third person who witnessed such refusal. The report 4166
Governor's Bill No. 888
LCO No. 3311 137 of 163
shall set forth the grounds for the officer's belief that there was probable 4167
cause to arrest such person for operating such vessel while under the 4168
influence of intoxicating liquor or any drug, or both, or while such 4169
person has an elevated blood alcohol content and shall state that such 4170
person refused to submit to such test or [analysis] evaluation when 4171
requested by such peace officer or that such person submitted to such 4172
test [or analysis] and the results of such test [or analysis] indicated that 4173
such person at the time of the alleged offense had an elevated blood 4174
alcohol content. 4175
[(d) If the person arrested submits to a blood or urine test at the 4176
request of the peace officer, and the specimen requires laboratory 4177
analysis in order to obtain the test results, and if the test results indicate 4178
that such person has an elevated blood alcohol content, the peace officer, 4179
immediately upon receipt of the test results, shall notify and submit to 4180
the commissioner the written report required pursuant to subsection (c) 4181
of this section.] 4182
(d) If a peace officer has placed a person under arrest for violating 4183
subsection (b) of section 53-206d; operating a vessel upon the waters of 4184
this state while under the influence of intoxicating liquor or any drug, 4185
or both; or operating a vessel upon the waters of this state while such 4186
person has an elevated blood alcohol content and does not request that 4187
such person submit to a blood, breath or urine test under subsection (b) 4188
of this section, or obtains test results from a test administered under 4189
subsection (b) of this section that indicate that the person does not have 4190
an elevated blood alcohol content, such officer shall: 4191
(1) Advise such person that such person's safe boating certificate, 4192
right to operate a vessel that requires a safe boating certificate for 4193
operation or certificate of personal watercraft operation issued by the 4194
commissioner as a condition of operating a vessel may be suspended in 4195
accordance with the provisions of this section if such officer believes 4196
there is substantial evidence to conclude that such person was operating 4197
a vessel under the influence of intoxicating liquor or any drug, or both; 4198
Governor's Bill No. 888
LCO No. 3311 138 of 163
and 4199
(2) Submit a report to the commissioner in accordance with the 4200
procedure set forth in subsection (c) of this section and, if such report 4201
contains the results of a blood, breath or urine test that does not show 4202
an elevated blood alcohol content, such report shall conform to the 4203
requirements in subsection (c) of this section for reports that contain 4204
results showing an elevated blood alcohol content. In any report 4205
submitted under this subdivision, the officer shall document (A) the 4206
basis for the officer's belief that there was probable cause to arrest such 4207
person for a violation of subsection (b) of section 53-206d; operating a 4208
vessel upon the waters of this state while under the influence of 4209
intoxicating liquor or any drug, or both; or operating a vessel upon the 4210
waters of this state while such person has an elevated blood alcohol 4211
content, and (B) whether the officer believes that there is substantial 4212
evidence to conclude that the person was operating a vessel under the 4213
influence of intoxicating liquor or any drug, or both. With such report, 4214
the officer may submit other supporting documentation indicating the 4215
person's intoxication by liquor or any drug, or both. If the officer 4216
believes there is substantial evidence to conclude that the person was 4217
operating a vessel under the influence of intoxicating liquor or any drug, 4218
or both, the officer shall immediately revoke and take possession of the 4219
person's safe boating certificate, right to operate a vessel that requires a 4220
safe boating certificate for operation or certificate of personal watercraft 4221
operation issued by the commissioner as a condition of operating a 4222
vessel, for a twenty-four-hour period. 4223
(e) Upon receipt of [such] a report submitted under subsection (c) or 4224
(d) of this section, the commissioner shall suspend the safe boating 4225
certificate, right to operate a vessel that requires a safe boating certificate 4226
for operation or certificate of personal watercraft operation of such 4227
person effective as of a date certain, and such date certain shall be no 4228
later than thirty-five days [after] from the later of the date such person 4229
received (1) notice of such person's arrest by the peace officer, or (2) the 4230
results of a blood or urine test or a drug influence evaluation. Any 4231
Governor's Bill No. 888
LCO No. 3311 139 of 163
person whose safe boating certificate, right to operate a vessel that 4232
requires a safe boating certificate for operation or certificate of personal 4233
watercraft operation is suspended in accordance with this subsection 4234
shall be entitled to a hearing before the commissioner to be held prior to 4235
the effective date of the suspension. The commissioner shall send a 4236
suspension notice to such person informing such person that such 4237
person's safe boating certificate, right to operate a vessel that requires a 4238
safe boating certificate for operation or certificate of personal watercraft 4239
operation is suspended and shall specify the date of such suspension 4240
and that such person is entitled to a hearing prior to the effective date of 4241
the suspension and may schedule such hearing by contacting the 4242
commissioner not later than seven days after the date of mailing of such 4243
suspension notice. 4244
(f) If such person does not contact the department to schedule a 4245
hearing, the commissioner shall affirm the suspension contained in the 4246
suspension notice for the appropriate period specified in subsection (i) 4247
of this section. 4248
(g) (1) If such person contacts the department to schedule a hearing, 4249
the commissioner shall assign a date, time and place for the hearing, 4250
which date shall be prior to the effective date of the suspension. At the 4251
request of such person and upon a showing of good cause, the 4252
commissioner may grant one continuance for a period not to exceed 4253
thirty days. [The hearing] 4254
(2) A hearing based on a report submitted under subsection (c) of this 4255
section shall be limited to a determination of the following issues: [(1)] 4256
(A) Whether the peace officer had probable cause to arrest the person 4257
for operating the vessel while under the influence of intoxicating liquor 4258
or drugs, or both, or while such person has an elevated blood alcohol 4259
content; [(2)] (B) whether such person was placed under arrest; [(3)] (C) 4260
whether such person [(A)] (i) refused to submit to such test or [analysis] 4261
nontestimonial portion of a drug influence evaluation, or [(B)] (ii) 4262
submitted to such test [or analysis] and the results of such test [or 4263
Governor's Bill No. 888
LCO No. 3311 140 of 163
analysis] indicated that at the time of the alleged offense that such 4264
person had an elevated blood alcohol content; and [(4)] (D) whether 4265
such person was operating the vessel. 4266
(3) A hearing based on a report submitted under subsection (d) of this 4267
section shall be limited to a determination of the following issues: (A) 4268
Whether the peace officer had probable cause to arrest the person for 4269
operating a vessel while under the influence of intoxicating liquor or 4270
drugs, or both, or while such person has an elevated blood alcohol 4271
content; (B) whether such person was placed under arrest; (C) whether 4272
there is substantial evidence to conclude that such person was operating 4273
a vessel under the influence of intoxicating liquor or any drug, or both; 4274
and (D) whether such person was operating the vessel. 4275
(4) At [the] a hearing held under this subsection, the results of the 4276
test, [or analysis] if administered, shall be sufficient to indicate the ratio 4277
of alcohol in the blood of such person at the time of operation, except 4278
that if the results of an additional test, administered pursuant to section 4279
15-140r, as amended by this act, indicate that the ratio of alcohol in the 4280
blood of such person is eight-hundredths of one per cent or less of 4281
alcohol, by weight, and is higher than the results of the first test, 4282
evidence shall be presented that demonstrates that the test results and 4283
analysis thereof accurately indicate the blood alcohol content at the time 4284
of operation. The fees of any witness summoned to appear at [the] a 4285
hearing under this subsection shall be the same as provided in section 4286
52-260. 4287
(5) In a hearing based on a report submitted under subsection (d) of 4288
this section, evidence of operation under the influence of intoxicating 4289
liquor or any drug, or both shall be admissible. Such evidence may 4290
include, but need not be limited to, (A) the peace officer's observations 4291
of intoxication, as documented in a report submitted to the 4292
commissioner under subsection (d) of this section; (B) the results of any 4293
chemical test administered under this section or a toxicology report 4294
certified by the Division of Scientific Services within the Department of 4295
Governor's Bill No. 888
LCO No. 3311 141 of 163
Emergency Services and Public Protection; (C) hospital or medical 4296
records obtained in accordance with subsection (j) of this section or by 4297
the consent of the operator; or (D) reports of drug recognition experts. 4298
(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 4299
this section, the commissioner finds in the negative on any one of [said] 4300
the issues specified in [the negative] subparagraph (A), (B), (C) or (D) of 4301
said subdivision, the commissioner shall stay the safe boating certificate, 4302
right to operate a vessel that requires a safe boating certificate for 4303
operation or certificate of personal watercraft operation suspension. If, 4304
after a hearing under subdivision (3) of subsection (g) of this section, the 4305
commissioner finds in the negative on any one of the issues specified in 4306
subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 4307
shall stay the safe boating certificate, right to operate a vessel that 4308
requires a safe boating certificate for operation or certificate of personal 4309
watercraft operation suspension. If, after such hearing under 4310
subdivision (2) or (3) of subsection (g) of this section, the commissioner 4311
does not find on any one of said issues in the negative or if such person 4312
fails to appear at such hearing, the commissioner shall affirm the 4313
suspension contained in the suspension notice for the appropriate 4314
period specified in subsection (i) of this section. The commissioner shall 4315
render a decision at the conclusion of such hearing or send a notice of 4316
the decision by certified mail to such person not later than thirty-five 4317
days from the date of notice of such person's arrest by the peace officer 4318
or, if a continuance is granted, not later than sixty-five days from the 4319
date such person received notice of such person's arrest by the peace 4320
officer. The notice of such decision sent by certified mail to the address 4321
of such person as shown by the records of the commissioner shall be 4322
sufficient notice to such person that such person's safe boating 4323
certificate, right to operate a vessel that requires a safe boating certificate 4324
for operation or certificate of personal watercraft operation is suspended 4325
or the suspension is stayed. Unless a continuance of the hearing is 4326
granted pursuant to subsection (g) of this section, if the commissioner 4327
fails to render a decision within thirty-five days from the date that such 4328
Governor's Bill No. 888
LCO No. 3311 142 of 163
person received notice of such person's arrest by the peace officer, the 4329
commissioner shall not suspend such person's safe boating certificate, 4330
right to operate a vessel that requires a safe boating certificate for 4331
operation or certificate of personal watercraft operation. 4332
(i) The commissioner shall suspend the operator's safe boating 4333
certificate, right to operate a vessel that requires a safe boating certificate 4334
for operation or certificate of personal watercraft operation of a person 4335
who does not contact the department to schedule a hearing under 4336
subsection (e) of this section, who fails to appear at such hearing, or 4337
against whom, after a hearing, the commissioner holds pursuant to 4338
subsection (g) of this section. Such suspension shall be as of the effective 4339
date contained in the suspension notice or the date the commissioner 4340
renders a decision, whichever is later, for a period of: (1) (A) Except as 4341
provided in subparagraph (B) of this subdivision, ninety days if such 4342
person submitted to a test [or analysis] and the results of such test [or 4343
analysis] indicated that at the time of the alleged offense that such 4344
person had an elevated blood alcohol content, or such person was found 4345
to have been operating a vessel under the influence of intoxicating 4346
liquor or any drug, or both, based on a report filed pursuant to 4347
subsection (d) of this section, or (B) one hundred twenty days if such 4348
person submitted to a test [or analysis] and the results of such test [or 4349
analysis] indicated that the ratio of alcohol in the blood of such person 4350
was sixteen-hundredths of one per cent or more of alcohol, by weight, 4351
or (C) six months if such person refused to submit to such test; [or 4352
analysis;] (2) if such person has previously had such person's safe 4353
boating certificate, right to operate a vessel that requires a safe boating 4354
certificate for operation or certificate of personal watercraft operation 4355
suspended under this section, (A) except as provided in subparagraph 4356
(B) of this subdivision, nine months if such person submitted to a test 4357
[or analysis] and the results of such test [or analysis] indicated that at 4358
the time of the alleged offense that such person had an elevated blood 4359
alcohol content, or such person was found to have been operating a 4360
vessel under the influence of intoxicating liquor or any drug, or both, 4361
Governor's Bill No. 888
LCO No. 3311 143 of 163
based on a report filed pursuant to subsection (d) of this section, (B) ten 4362
months if such person submitted to a test [or analysis] and the results of 4363
such test [or analysis] indicated that the ratio of alcohol in the blood of 4364
such person was sixteen-hundredths of one per cent or more of alcohol, 4365
by weight, and (C) one year if such person refused to submit to such 4366
test; [or analysis;] and (3) if such person has two or more times 4367
previously had such person's safe boating certificate, right to operate a 4368
vessel that requires a safe boating certificate for operation or certificate 4369
of personal watercraft operation suspended under this section, (A) 4370
except as provided in subparagraph (B) of this subdivision, two years if 4371
such person submitted to a test [or analysis] and the results of such test 4372
[or analysis] indicated that at the time of the alleged offense that such 4373
person had an elevated blood alcohol content, or such person was found 4374
to have been operating a vessel under the influence of intoxicating 4375
liquor or any drug, or both, based on a report filed pursuant to 4376
subsection (d) of this section, (B) two and one-half years if such person 4377
submitted to a test [or analysis] and the results of such test [or analysis] 4378
indicated that the ratio of alcohol in the blood of such person was 4379
sixteen-hundredths of one per cent or more of alcohol, by weight, and 4380
(C) three years if such person refused to submit to such test. [or 4381
analysis.] 4382
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 4383
of this section, any peace officer who obtains the results of a chemical 4384
analysis of a blood sample taken from an operator of a vessel involved 4385
in an accident who suffered or allegedly suffered physical injury in such 4386
accident shall notify the commissioner and submit to the commissioner 4387
a written report if such results indicate that at the time of the alleged 4388
offense such person had an elevated blood alcohol content, or any 4389
quantity of an intoxicating liquor or any drug, or both, in such person's 4390
blood, and if such person was arrested for a violation of section 15-132a, 4391
subsection (d) of section 15-133 or section 15-140l or 15-140n in 4392
connection with such accident. The report shall be made on a form 4393
approved by the commissioner containing such information as the 4394
Governor's Bill No. 888
LCO No. 3311 144 of 163
commissioner prescribes and shall be subscribed and sworn under 4395
penalty of false statement, as provided in section 53a-157b, by the peace 4396
officer. The commissioner shall, after notice and an opportunity for 4397
hearing, which shall be conducted in accordance with chapter 54, 4398
suspend the safe boating certificate, right to operate a vessel that 4399
requires a safe boating certificate for operation or certificate of personal 4400
watercraft operation of such person for a period of up to ninety days, 4401
or, if such person has previously had such person's operating privilege 4402
suspended under this section, for a period up to one year. Each hearing 4403
conducted under this section shall be limited to a determination of the 4404
following issues: (1) Whether the peace officer had probable cause to 4405
arrest the person for operating a vessel while under the influence of 4406
intoxicating liquor or drugs, or both, or while such person has an 4407
elevated blood alcohol content; (2) whether such person was placed 4408
under arrest; (3) whether such person was operating the vessel; (4) 4409
whether the results of the analysis of the blood of such person indicate 4410
that such person had an elevated blood alcohol content, or there is 4411
substantial evidence to conclude that the person was operating a vessel 4412
under the influence of intoxicating liquor or any drug, or both; and (5) 4413
whether the blood sample was obtained in accordance with conditions 4414
for admissibility as set forth in section 15-140s. If, after such hearing, the 4415
commissioner finds on any issue in the negative, the commissioner shall 4416
not impose a suspension. The fees of any witness summoned to appear 4417
at the hearing shall be the same as provided by the general statutes for 4418
witnesses in criminal cases. 4419
(k) The provisions of this section shall apply with the same effect to 4420
the refusal by any person to submit to an additional chemical test as 4421
provided in [subdivision (5)] subparagraph (E) of subdivision (1) of 4422
subsection (a) of section 15-140r, as amended by this act. 4423
(l) The provisions of this section do not apply to any person whose 4424
physical condition is such that, according to competent medical advice, 4425
such test would be inadvisable. 4426
Governor's Bill No. 888
LCO No. 3311 145 of 163
(m) The state shall pay the reasonable charges of any physician who, 4427
at the request of a [municipal police department] law enforcement unit, 4428
as defined in section 7-294a, takes a blood sample for purposes of a test 4429
under the provisions of this section. 4430
(n) For the purposes of this section, "elevated blood alcohol content" 4431
means: (1) A ratio of alcohol in the blood of such person that is eight-4432
hundredths of one per cent or more of alcohol, by weight, or (2) if such 4433
person is under twenty-one years of age, a ratio of alcohol in the blood 4434
of such person that is two-hundredths of one per cent or more of alcohol, 4435
by weight. 4436
(o) The commissioner may adopt regulations, in accordance with 4437
chapter 54, to implement the provisions of this section. 4438
(p) For purposes of this section and section 15-140r, as amended by 4439
this act, (1) "drug influence evaluation" means a twelve-part evaluation 4440
developed by the National Highway Traffic Safety Administration and 4441
the International Association of Chiefs of Police that is conducted by a 4442
drug recognition expert to determine the level of a person's impairment 4443
from the use of drugs and the drug category causing such impairment; 4444
(2) "drug recognition expert" means a person certified by the 4445
International Association of Chiefs of Police as having met all 4446
requirements of the International Drug Evaluation and Classification 4447
Program; and (3) "nontestimonial portion of a drug influence 4448
evaluation" means a drug influence evaluation conducted by a drug 4449
recognition expert that does not include a verbal interview with the 4450
subject. 4451
Sec. 97. Section 15-140r of the general statutes is repealed and the 4452
following is substituted in lieu thereof (Effective April 1, 2022): 4453
(a) (1) Except as provided in section 15-140s or subsection (d) of this 4454
section, in any criminal prosecution for the violation of section 15-132a, 4455
subsection (d) of section 15-133, section 15-140l or 15-140n or subsection 4456
(b) of section 53-206d, evidence respecting the amount of alcohol or drug 4457
Governor's Bill No. 888
LCO No. 3311 146 of 163
in the defendant's blood or urine at the time of the alleged offense, as 4458
shown by a chemical [analysis] test of the defendant's breath, blood or 4459
urine shall be admissible and competent provided: [(1)] (A) The 4460
defendant was afforded a reasonable opportunity to telephone an 4461
attorney prior to the performance of the test and consented to the taking 4462
of the test upon which such analysis is made; [(2)] (B) a true copy of the 4463
report of the test result was mailed to or personally delivered to the 4464
defendant within twenty-four hours or by the end of the next regular 4465
business day, after such result was known, whichever is later; [(3)] (C) 4466
the test was performed by or at the direction of a certified law 4467
enforcement officer according to methods and with equipment 4468
approved by the Department of Emergency Services and Public 4469
Protection, and if a blood test was performed, it was performed on a 4470
blood sample taken by a person licensed to practice medicine and 4471
surgery in this state, a qualified laboratory technician, an emergency 4472
medical technician II or a registered nurse in accordance with the 4473
regulations adopted under subsection (b) of this section; [(4)] (D) the 4474
device used for such test was checked for accuracy in accordance with 4475
the regulations adopted under subsection (b) of this section; [(5)] (E) an 4476
additional chemical test of the same type was performed at least ten 4477
minutes after the initial test was performed or, if requested by the peace 4478
officer for reasonable cause, an additional chemical test of a different 4479
type was performed, including a test to detect the presence of a drug or 4480
drugs other than or in addition to alcohol, except that the results of the 4481
initial test shall not be inadmissible under this subsection if reasonable 4482
efforts were made to have such additional test performed in accordance 4483
with the conditions set forth in this subsection and (i) such additional 4484
test was not performed or was not performed within a reasonable time, 4485
or (ii) the results of such additional test are not admissible for failure to 4486
meet a condition set forth in this subsection; and [(6)] (F) evidence is 4487
presented that the test was commenced within two hours of operation 4488
of the vessel or expert testimony establishes the reliability of a test 4489
commenced beyond two hours of operation of the vessel. In any 4490
prosecution under this section, it shall be a rebuttable presumption that 4491
Governor's Bill No. 888
LCO No. 3311 147 of 163
the results of such chemical analysis establish the ratio of alcohol in the 4492
blood of the defendant at the time of the alleged offense, except that if 4493
the results of the additional test indicate that the ratio of alcohol in the 4494
blood of such defendant is ten-hundredths of one per cent or less of 4495
alcohol, by weight, and is higher than the results of the first test, 4496
evidence shall be presented that demonstrates that the test results and 4497
the analysis thereof accurately indicate the blood alcohol content at the 4498
time of the alleged offense. 4499
(2) If a law enforcement officer who is a drug recognition expert 4500
conducts a drug influence evaluation, the officer's testimony concerning 4501
such evaluation shall be admissible and competent as evidence of the 4502
operation of a vessel while under the influence of liquor or any drug, or 4503
both under subdivision (1) of subsection (a) of this section. 4504
(b) The Commissioner of Emergency Services and Public Protection 4505
shall ascertain the reliability of each method and type of device offered 4506
for chemical testing and analysis of blood, of breath and of urine and 4507
certify those methods and types which the Commissioner of Emergency 4508
Services and Public Protection finds suitable for use in testing and 4509
analysis of blood, breath and urine, respectively, in this state. The 4510
Commissioner of Emergency Services and Public Protection, after 4511
consultation with the Commissioner of Public Health, shall adopt 4512
regulations, in accordance with chapter 54, governing the conduct of 4513
chemical tests, the operation and use of chemical test devices and the 4514
training and certification of operators of such devices and the drawing 4515
or obtaining of blood, breath or urine samples as the Commissioner of 4516
Emergency Services and Public Protection finds necessary to protect the 4517
health and safety of persons who submit to chemical tests and to insure 4518
reasonable accuracy in testing results. Such regulations shall not require 4519
recertification of a peace officer solely because such officer terminates 4520
such officer's employment with the law enforcement agency for which 4521
certification was originally issued and commences employment with 4522
another such agency. 4523
Governor's Bill No. 888
LCO No. 3311 148 of 163
(c) If a person is charged with a violation of section 15-132a, 4524
subsection (d) of section 15-133 or section 15-140l or 15-140n, the charge 4525
may not be reduced, nolled or dismissed unless the prosecuting 4526
authority states in open court such prosecutor's reasons for the 4527
reduction, nolle or dismissal. 4528
(d) (1) In any criminal prosecution for a violation of section 15-132a, 4529
subsection (d) of section 15-133 or section 15-140l or 15-140n, evidence 4530
that the defendant refused to submit to a blood, breath or urine test or 4531
the nontestimonial portion of a drug influence evaluation requested in 4532
accordance with section 15-140q, as amended by this act, shall be 4533
admissible provided the requirements of subsection (a) of said section 4534
have been satisfied. If a case involving a violation of section 15-132a, 4535
subsection (d) of section 15-133 or section 15-140l or 15-140n is tried to a 4536
jury, the court shall instruct the jury as to any inference that may or may 4537
not be drawn from the defendant's refusal to submit to a blood, breath 4538
or urine test or evaluation. 4539
(2) In any prosecution for a violation of subdivision (1) of subsection 4540
(a) of this section, a drug recognition expert may testify as to his or her 4541
opinion or otherwise as to the significance of any symptoms of 4542
impairment or intoxication for which evidence has been admitted or on 4543
the condition that such evidence be introduced. 4544
(3) In any prosecution for a violation of subdivision (1) of subsection 4545
(a) of this section in which it is alleged that the defendant's operation of 4546
a vessel was impaired, in whole or in part, by consumption of cannabis, 4547
cannabis products or THC, as those terms are defined in section 1 of this 4548
act, the court may take judicial notice that the ingestion of THC (i) can 4549
impair a person's ability to operate a vessel; (ii) can impair a person's 4550
motor function, reaction time, tracking ability, cognitive attention, 4551
decision-making, judgment, perception, peripheral vision, impulse 4552
control and memory; and (iii) does not enhance a person's ability to 4553
safely operate a vessel. 4554
Governor's Bill No. 888
LCO No. 3311 149 of 163
Sec. 98. (NEW) (Effective July 1, 2021) (a) As used in this section and 4555
sections 99 and 100 of this act: 4556
(1) "Cannabis" has the same meaning as provided in section 1 of this 4557
act; 4558
(2) "Cannabis flower" means the flower, including abnormal and 4559
immature flowers, of a plant of the genus cannabis that has been 4560
harvested, dried and cured, and prior to any processing whereby the 4561
flower material is transformed into a cannabis product. "Cannabis 4562
flower" does not include (A) the leaves or stem of such plant, or (B) 4563
industrial hemp, as defined in 7 USC 1639o, as amended from time to 4564
time; 4565
(3) "Cannabis product" has the same meaning as provided in section 4566
1 of this act; 4567
(4) "Cannabis retailer" means "retailer", as defined in section 1 of this 4568
act; 4569
(5) "Cannabis trim" means all parts, including abnormal or immature 4570
parts, of a plant of the genus cannabis, other than cannabis flowers, that 4571
have been harvested, dried and cured, and prior to any processing 4572
whereby the plant material is transformed into a cannabis product. 4573
"Cannabis trim" does not include hemp, as defined in 7 USC 1639o, as 4574
amended from time to time; 4575
(6) "Consumer" has the same meaning as provided in section 1 of this 4576
act; 4577
(7) "Cultivator" has the same meaning as provided in section 1 of this 4578
act; 4579
(8) "Delivery service" has the same meaning as provided in section 1 4580
of this act; 4581
(9) "Dispensary facility" has the same meaning as provided in section 4582
Governor's Bill No. 888
LCO No. 3311 150 of 163
1 of this act; 4583
(10) "Food and beverage manufacturer" has the same meaning as 4584
provided in section 1 of this act; 4585
(11) "Hybrid retailer" has the same meaning as provided in section 1 4586
of this act; 4587
(12) "Micro-cultivator" has the same meaning as provided in section 4588
1 of this act; 4589
(13) "Municipality" has the same meaning as provided in section 1 of 4590
this act; 4591
(14) "Palliative use" has the same meaning as provided in section 21a-4592
408 of the general statutes; 4593
(15) "Producer" has the same meaning as provided in section 1 of this 4594
act; 4595
(16) "Product manufacturer" has the same meaning as provided in 4596
section 1 of this act; 4597
(17) "Product packager" has the same meaning as provided in section 4598
1 of this act; and 4599
(18) "Wet cannabis" means the whole plant of the genus cannabis, 4600
including abnormal and immature plants, that has been harvested and 4601
weighed within two hours of harvesting and has not undergone any 4602
processing such as drying, curing, trimming or increasing the ambient 4603
temperature in the room in which such plant is held. 4604
(b) Beginning on the first day of the month in which a cultivator, 4605
micro-cultivator, food and beverage manufacturer, product 4606
manufacturer, product packager or delivery service may legally operate 4607
within the state or a cannabis retailer, hybrid retailer or producer may 4608
legally sell cannabis other than cannabis for palliative use, there is 4609
Governor's Bill No. 888
LCO No. 3311 151 of 163
imposed a tax on the first sale or first use in the state by a producer, 4610
cultivator or micro-cultivator of cannabis flowers, cannabis trim or wet 4611
cannabis, at the rate of (1) one dollar and twenty-five cents per dry-4612
weight gram of cannabis flowers, (2) fifty cents per dry-weight gram of 4613
cannabis trim, and (3) twenty-eight cents per gram of wet cannabis. 4614
(c) On or before the last day of each month in which a cultivator or 4615
micro-cultivator may legally operate within the state or a producer may 4616
legally sell cannabis other than cannabis for palliative use, each such 4617
cultivator, micro-cultivator and producer shall file with the 4618
Commissioner of Revenue Services a return for the calendar month 4619
immediately preceding. Such return shall be in such form and contain 4620
such information as the commissioner prescribes, and shall be 4621
accompanied by a payment of the amount of the tax shown to be due 4622
thereon. 4623
(d) If any cultivator, micro-cultivator or producer fails to pay the 4624
amount of tax reported due on its return within the time specified under 4625
this section, there shall be imposed a penalty equal to twenty-five per 4626
cent of such amount due and unpaid, or two hundred fifty dollars, 4627
whichever is greater. Such amount shall bear interest at the rate of one 4628
per cent per month or fraction thereof, from the due date of such tax 4629
until the date of payment. Subject to the provisions of section 12-3a of 4630
the general statutes, the commissioner may waive all or part of the 4631
penalties provided under this section when it is proven to the 4632
commissioner's satisfaction that the failure to pay any tax was due to 4633
reasonable cause and was not intentional or due to neglect. 4634
(e) Each person, other than a cultivator, micro-cultivator or producer, 4635
who is required, on behalf of such cultivator, micro-cultivator or 4636
producer, to collect, truthfully account for and pay over a tax imposed 4637
on such cultivator, micro-cultivator or producer under this section and 4638
who wilfully fails to collect, truthfully account for and pay over such tax 4639
or who wilfully attempts in any manner to evade or defeat the tax or the 4640
payment thereof, shall, in addition to other penalties provided by law, 4641
Governor's Bill No. 888
LCO No. 3311 152 of 163
be liable for a penalty equal to the total amount of the tax evaded, or not 4642
collected, or not accounted for and paid over, including any penalty or 4643
interest attributable to such wilful failure to collect or truthfully account 4644
for and pay over such tax or such wilful attempt to evade or defeat such 4645
tax, provided such penalty shall only be imposed against such person in 4646
the event that such tax, penalty or interest cannot otherwise be collected 4647
from such cultivator, micro-cultivator or producer. The amount of such 4648
penalty with respect to which a person may be personally liable under 4649
this section shall be collected in accordance with the provisions of 4650
section 12-555a of the general statutes and any amount so collected shall 4651
be allowed as a credit against the amount of such tax, penalty or interest 4652
due and owing from the cultivator, micro-cultivator or producer. The 4653
dissolution of the cultivator, micro-cultivator or producer shall not 4654
discharge any person in relation to any personal liability under this 4655
section for wilful failure to collect or truthfully account for and pay over 4656
such tax or for a wilful attempt to evade or defeat such tax prior to 4657
dissolution, except as otherwise provided in this section. For purposes 4658
of this section, "person" includes any individual, corporation, limited 4659
liability company or partnership and any officer or employee of any 4660
corporation, including a dissolved corporation, and a member of or 4661
employee of any partnership or limited liability company who, as such 4662
officer, employee or member, is under a duty to file a tax return under 4663
this section on behalf of a cultivator, micro-cultivator or producer or to 4664
collect or truthfully account for and pay over a tax imposed under this 4665
section on behalf of such cultivator, micro-cultivator or producer. 4666
(f) The provisions of sections 12-548, 12-551 to 12-554, inclusive, and 4667
12-555a of the general statutes shall apply to the provisions of this 4668
section in the same manner and with the same force and effect as if the 4669
language of said sections had been incorporated in full into this section 4670
and had expressly referred to the tax under this section, except to the 4671
extent that any provision is inconsistent with a provision in this section. 4672
(g) The commissioner shall not issue a refund of any tax paid by a 4673
cultivator, micro-cultivator or producer under this section. 4674
Governor's Bill No. 888
LCO No. 3311 153 of 163
(h) The commissioner may adopt regulations, in accordance with the 4675
provisions of chapter 54 of the general statutes, to implement the 4676
provisions of this section. 4677
(i) (1) The tax received by the state under this section shall be 4678
deposited as follows: (A) For the fiscal years ending June 30, 2022, and 4679
June 30, 2023, in the General Fund; and (B) for the fiscal year ending 4680
June 30, 2024, and each fiscal year thereafter, fifty per cent of such tax 4681
received in the community aid PILOT account established under 4682
subdivision (2) of this section and fifty per cent in the General Fund. 4683
(2) (A) On and after July 1, 2023, there is established an account to be 4684
known as the "community aid PILOT account" which shall be a separate, 4685
nonlapsing account within the General Fund. The account shall contain 4686
any moneys required by law to be deposited in the account. 4687
(B) For the fiscal year commencing July 1, 2023, and each fiscal year 4688
thereafter, moneys in the account shall be expended by the Office of 4689
Policy and Management for the payment of grants in lieu of taxes to 4690
municipalities under the provisions of section 12-18b of the general 4691
statutes. 4692
(j) At the close of each fiscal year in which the tax imposed under the 4693
provisions of this section are received by the commissioner, the 4694
Comptroller is authorized to record as revenue for such fiscal year that 4695
amounts of such tax that are received by the commissioner not later than 4696
five business days from the July thirty-first immediately following the 4697
end of such fiscal year. 4698
Sec. 99. (NEW) (Effective July 1, 2021) (a) (1) There is imposed a tax at 4699
the rate of three per cent on the gross receipts from the sale of cannabis 4700
and cannabis products by a cannabis retailer, hybrid retailer or micro-4701
cultivator. For the purposes of this section, "gross receipts" means the 4702
total amount of the sales price from sales of cannabis and cannabis 4703
products by a cannabis retailer, hybrid retailer or micro-cultivator. 4704
Governor's Bill No. 888
LCO No. 3311 154 of 163
(2) The tax under this section: 4705
(A) Shall not apply to the sale of cannabis for palliative use; 4706
(B) Shall not apply to the transfer of cannabis or cannabis products to 4707
a delivery service for transport to any other cultivator, micro-cultivator, 4708
food and beverage manufacturer, product manufacturer, product 4709
packager, dispensary facility, cannabis retailer, hybrid retailer or 4710
producer; 4711
(3) Shall not apply to the sale of cannabis or cannabis products by a 4712
delivery service to a consumer; 4713
(4) Shall be collected from the purchaser at the time of sale and shall 4714
be in addition to the tax imposed under chapter 219 of the general 4715
statutes; and 4716
(5) Shall be held in trust until remitted to the municipality. 4717
(b) On or before the last day of each month in which a cannabis 4718
retailer, hybrid retailer or micro-cultivator may legally sell cannabis 4719
other than cannabis sold for palliative use, each such cannabis retailer, 4720
hybrid retailer and micro-cultivator shall file a return with the tax 4721
collector of the municipality, or the individual designated by the 4722
municipality to receive such returns, in which such cannabis retailer, 4723
hybrid retailer or micro-cultivator is located. Such return shall report 4724
such cannabis retailer's, hybrid retailer's or micro-cultivator's gross 4725
receipts from the sale of cannabis and cannabis products other than 4726
cannabis sold for palliative use, for the calendar month immediately 4727
preceding and the amount of tax imposed under this section shown to 4728
be due thereon. Such return shall be in such form and contain such 4729
information as the tax collector of the municipality or the individual 4730
designated by the municipality to collect the tax imposed under this 4731
section, in consultation with the Department of Revenue Services and 4732
the Office of Policy and Management, prescribes, and shall be 4733
accompanied by a payment of the amount of the tax shown to be due 4734
Governor's Bill No. 888
LCO No. 3311 155 of 163
thereon, such amount to become part of the general revenue of such 4735
municipality. 4736
(c) If any cannabis retailer, hybrid retailer or micro-cultivator fails to 4737
pay the amount of tax reported due on its return within the time period 4738
set forth under this section, there shall be imposed a penalty equal to 4739
twenty-five per cent of such amount due and unpaid, or two hundred 4740
fifty dollars, whichever is greater. Such amount shall bear interest at the 4741
rate of one per cent per month or fraction thereof, from the due date of 4742
such tax until the date of payment. A municipality may waive, by vote 4743
of its legislative body, all or part of the penalties provided under this 4744
subsection upon a finding by such body that the failure to pay any tax 4745
was due to reasonable cause and was not intentional or due to neglect. 4746
(d) A municipality may impose a lien on the real property of a 4747
cannabis retailer, hybrid retailer or micro-cultivator for nonpayment of 4748
tax due under this section. The amount of such lien shall not exceed the 4749
amount of tax due under this section plus penalties and interest. Such 4750
lien shall have the same priority as a municipal lien for real property 4751
taxes. 4752
(e) (1) If the tax collector, or the individual designated by the 4753
municipality to collect the tax imposed under this section, of a 4754
municipality in which a cannabis retailer, hybrid retailer or micro-4755
cultivator is located has good cause to believe a cannabis retailer, hybrid 4756
retailer or micro-cultivator has underpaid the tax under this section or 4757
otherwise has made a material misrepresentation in a return filed 4758
pursuant to subsection (b) of this section, the tax collector or such 4759
individual may require such cannabis retailer, hybrid retailer or micro-4760
cultivator to have an audit. Such audit shall be performed in the same 4761
manner and with the same time periods for completion and extension 4762
as for a nonstate entity under the provisions of section 4-232 of the 4763
general statutes. An audit shall not be ordered more than once per fiscal 4764
year. 4765
Governor's Bill No. 888
LCO No. 3311 156 of 163
(2) The cannabis retailer, hybrid retailer or micro-cultivator shall file 4766
a copy of the audit report with the tax collector of the municipality or 4767
the individual designated by the municipality to collect the tax imposed 4768
under this section. Any cannabis retailer, hybrid retailer or micro-4769
cultivator, or auditor for such cannabis retailer, hybrid retailer or micro-4770
cultivator, that fails to have the audit report filed within the time period 4771
set forth in subdivision (2) of subsection (b) of section 4-232 of the 4772
general statutes may be assessed a penalty by the tax collector or such 4773
individual, in an amount as provided under subdivision (2) of 4774
subsection (b) of section 4-232 of the general statutes. 4775
(3) If an audit report shows that the tax under this section was 4776
underpaid by a cannabis retailer, hybrid retailer or micro-cultivator, 4777
there shall be imposed a penalty equal to twenty-five per cent of the 4778
amount due and unpaid, or two hundred fifty dollars, whichever is 4779
greater. Such amount shall bear interest at the rate of one per cent per 4780
month or fraction thereof, from the due date of such tax until the date of 4781
payment. A municipality may waive, by vote of its legislative body, all 4782
or part of the penalties provided under this subsection upon a finding 4783
by such body that the failure to pay any tax was due to reasonable cause 4784
and was not intentional or due to neglect. 4785
(f) (1) No cannabis retailer, hybrid retailer, micro-cultivator or 4786
municipality shall issue a refund to a purchaser for any tax paid under 4787
this section by such purchaser. 4788
(2) No municipality shall issue a refund to a cannabis retailer, hybrid 4789
retailer or micro-cultivator for any tax paid under this section by such 4790
cannabis retailer, hybrid retailer or micro-cultivator. 4791
(3) No overpayment of the tax under this section by a purchaser, 4792
cannabis retailer, hybrid retailer or micro-cultivator shall be applied to 4793
any other liability due to such municipality from such purchaser, 4794
cannabis retailer, hybrid retailer or micro-cultivator. 4795
Sec. 100. (NEW) (Effective July 1, 2021) (a) The tax under chapter 219 4796
Governor's Bill No. 888
LCO No. 3311 157 of 163
of the general statutes shall not be imposed on the transfer of cannabis 4797
or cannabis products to a delivery service by a cultivator, micro-4798
cultivator, food and beverage manufacturer, product manufacturer, 4799
product packager, dispensary facility, cannabis retailer, hybrid retailer 4800
or producer, for transport to any other cultivator, micro-cultivator, food 4801
and beverage manufacturer, product manufacturer, product packager, 4802
dispensary facility, cannabis retailer, hybrid retailer or producer. 4803
(b) No person may purchase cannabis or cannabis products on a 4804
resale basis and no exemption under chapter 219 of the general statutes 4805
shall apply to the sale of cannabis or cannabis products, except as 4806
provided under section 12-412 of the general statutes, as amended by 4807
this act, for the sale of cannabis for palliative use. 4808
(c) (1) No cannabis retailer, hybrid retailer, micro-cultivator or 4809
delivery service, nor the Department of Revenue Services, shall issue a 4810
refund to a purchaser for any tax paid under chapter 219 of the general 4811
statutes for the sale of cannabis or cannabis products. 4812
(2) The Commissioner of Revenue Services shall not issue a refund to 4813
a cannabis retailer, hybrid retailer or micro-cultivator of any tax paid 4814
under chapter 219 of the general statutes by such cannabis retailer, 4815
hybrid retailer or micro-cultivator. 4816
(d) The provisions of subsection (g) of section 98 of this act, 4817
subsection (f) of section 99 of this act and subsection (c) of this section 4818
shall not be construed as authorizing suit against the state or any 4819
political subdivision thereof by a person against whom any tax, penalty 4820
or interest has been erroneously or illegally assessed or from whom any 4821
tax, penalty or interest has been erroneously or illegally collected and 4822
shall not be construed as a waiver of sovereign immunity. 4823
Sec. 101. Subdivision (120) of section 12-412 of the general statutes is 4824
repealed and the following is substituted in lieu thereof (Effective July 1, 4825
2021): 4826
Governor's Bill No. 888
LCO No. 3311 158 of 163
(120) [On and after April 1, 2015, sales] (A) Sales of the following 4827
nonprescription drugs or medicines available for purchase for use in or 4828
on the body: Vitamin or mineral concentrates; dietary supplements; 4829
natural or herbal drugs or medicines; products intended to be taken for 4830
coughs, cold, asthma or allergies, or antihistamines; laxatives; 4831
antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 4832
and antifungal medicines; antiseptics; astringents; anesthetics; steroidal 4833
medicines; anthelmintics; emetics and antiemetics; antacids; [and] any 4834
medication prepared to be used in the eyes, ears or nose; and palliative 4835
marijuana sold under the provisions of chapter 420f. 4836
(B) Nonprescription drugs or medicines [shall] do not include 4837
cosmetics, [dentrifrices] dentifrices, mouthwash, shaving and hair care 4838
products, soaps, [or] deodorants or products containing cannabis, as 4839
defined in section 1 of this act, or cannabinoids. 4840
Sec. 102. Subparagraph (U) of subdivision (37) of subsection (a) of 4841
section 12-407 of the general statutes is repealed and the following is 4842
substituted in lieu thereof (Effective July 1, 2021): 4843
(U) (i) [Advertising] Except as provided in clause (ii) of this 4844
subparagraph, advertising or public relations services, including layout, 4845
art direction, graphic design, mechanical preparation or production 4846
supervision, not related to the development of media advertising or 4847
cooperative direct mail advertising; 4848
(ii) Advertising or public relations services, including layout, art 4849
direction, graphic design, mechanical preparation or production 4850
supervision, related to cannabis, as defined in section 1 of this act, or 4851
cannabis products; 4852
Sec. 103. Section 12-650 of the general statutes is repealed and the 4853
following is substituted in lieu thereof (Effective July 1, 2021): 4854
[As used in this chapter: 4855
Governor's Bill No. 888
LCO No. 3311 159 of 163
(1) "Marijuana" means any marijuana, whether real or counterfeit, as 4856
defined in subdivision (29) of section 21a-240, that is held, possessed, 4857
transported, sold or offered to be sold in violation of any provision of 4858
the general statutes; 4859
(2) "Controlled substance" means any controlled substance as defined 4860
in subdivision (9) of section 21a-240, that is held, possessed, transported, 4861
sold or offered to be sold in violation of any provision of the general 4862
statutes; 4863
(3) "Dealer" means any person who, in violation of any provision of 4864
the general statutes, manufactures, produces, ships, transports, or 4865
imports into the state or in any manner acquires or possesses more than 4866
forty-two and one- half grams of marijuana or seven or more grams of 4867
any controlled substance or ten or more dosage units of any controlled 4868
substance which is not sold by weight; and 4869
(4) "Commissioner" means the Commissioner of Revenue Services.] 4870
Notwithstanding the provisions of this chapter, revision of 1958, 4871
revised to January 1, 2021, any outstanding liabilities or assessments, or 4872
any portion thereof, made under said chapter related to the sale, 4873
purchase, acquisition or possession within the state or the transport or 4874
importation into the state, of marijuana, as defined in section 21a-240, 4875
shall be cancelled. The Commissioner of Revenue Services may take any 4876
action necessary to effectuate the cancellation of such liabilities and 4877
assessments. No cancellation of a liability or an assessment pursuant to 4878
this section shall entitle any person affected by such cancellation to a 4879
refund or credit of any amount previously paid or collected in 4880
connection with such liability or assessment. 4881
Sec. 104. Subdivision (1) of subsection (a) of section 12-30a of the 4882
general statutes is repealed and the following is substituted in lieu 4883
thereof (Effective July 1, 2021): 4884
(a) (1) Whenever the provisions of section 12-35, 12-204, 12-205, 12-4885
Governor's Bill No. 888
LCO No. 3311 160 of 163
206, 12-225, 12-226, 12-229, 12-235, 12-242d, 12-263c, 12-263d, 12-263m, 4886
12-268d, 12-268h, 12-293a, 12-309, 12-330d, 12-330i, 12-376, 12-376a, 12-4887
376b, 12-392, 12-414, 12-415, 12-416, 12-419, 12-419a, 12-439, 12-440, 12-4888
458, 12-458d, 12-486a, 12-488, 12-547, 12-548, 12-590, 12-594, 12-638c, 12-4889
638d, 12-646a, 12-647, [12-655,] 12-667, 12-722, 12-723, 12-728, 12-731, 12-4890
735, 22a-132, 22a-232, 22a-237c, 38a-277 or 51-81b require interest to be 4891
paid to the Commissioner of Revenue Services at the rate of one per cent 4892
per month or fraction thereof or one per cent for each month or fraction 4893
thereof, the Commissioner of Revenue Services may adopt regulations 4894
in accordance with the provisions of chapter 54 that require interest to 4895
be paid to said commissioner at the equivalent daily rate in lieu of such 4896
monthly rate. 4897
Sec. 105. Subsection (a) of section 12-35b of the general statutes is 4898
repealed and the following is substituted in lieu thereof (Effective July 1, 4899
2021): 4900
(a) For the purposes of sections 12-204, 12-212, 12-235, 12-268h, 12-4901
309, 12-330i, 12-366, 12-398, 12-420, 12-441, 12-475, 12-488, 12-555a, 12-4902
594, 12-638j [, 12-655] and 12-734: 4903
(1) "Bona fide purchaser" means a person who takes a conveyance of 4904
real estate in good faith from the holder of legal title, and pays valuable 4905
consideration, without actual, implied, or constructive notice of any tax 4906
delinquency. 4907
(2) "Qualified encumbrancer" means a person who places a burden, 4908
charge or lien on real estate, in good faith, without actual, implied, or 4909
constructive notice of any tax delinquency. 4910
(3) "Commissioner" means the Commissioner of Revenue Services or 4911
his or her authorized agent. 4912
Sec. 106. Sections 12-651 to 12-660, inclusive, of the general statutes 4913
are repealed. (Effective July 1, 2021) 4914
Governor's Bill No. 888
LCO No. 3311 161 of 163
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 January 1, 2022 21a-279(a)
Sec. 3 January 1, 2022 21a-279a
Sec. 4 July 1, 2022 54-142d
Sec. 5 July 1, 2022 New section
Sec. 6 January 1, 2022 New section
Sec. 7 January 1, 2022 New section
Sec. 8 January 1, 2022 New section
Sec. 9 January 1, 2022 New section
Sec. 10 January 1, 2022 New section
Sec. 11 January 1, 2022 21a-277(b)
Sec. 12 January 1, 2022 New section
Sec. 13 January 1, 2022 New section
Sec. 14 October 1, 2021 New section
Sec. 15 from passage New section
Sec. 16 from passage New section
Sec. 17 July 1, 2021 New section
Sec. 18 July 1, 2021 New section
Sec. 19 July 1, 2021 New section
Sec. 20 July 1, 2021 New section
Sec. 21 July 1, 2021 New section
Sec. 22 July 1, 2021 New section
Sec. 23 July 1, 2021 New section
Sec. 24 from passage New section
Sec. 25 January 1, 2022 New section
Sec. 26 July 1, 2021 New section
Sec. 27 July 1, 2022 New section
Sec. 28 July 1, 2021 New section
Sec. 29 July 1, 2021 New section
Sec. 30 July 1, 2021 New section
Sec. 31 July 1, 2021 New section
Sec. 32 July 1, 2021 New section
Sec. 33 July 1, 2021 New section
Sec. 34 July 1, 2021 New section
Sec. 35 July 1, 2021 New section
Sec. 36 July 1, 2021 New section
Governor's Bill No. 888
LCO No. 3311 162 of 163
Sec. 37 July 1, 2021 New section
Sec. 38 from passage New section
Sec. 39 July 1, 2021 New section
Sec. 40 July 1, 2021 New section
Sec. 41 July 1, 2021 New section
Sec. 42 July 1, 2021 New section
Sec. 43 January 1, 2022 New section
Sec. 44 July 1, 2021 New section
Sec. 45 July 1, 2021 New section
Sec. 46 from passage New section
Sec. 47 July 1, 2022 New section
Sec. 48 July 1, 2021 New section
Sec. 49 July 1, 2022 New section
Sec. 50 from passage New section
Sec. 51 from passage New section
Sec. 52 from passage New section
Sec. 53 October 1, 2021 21a-408
Sec. 54 July 1, 2021 21a-408a
Sec. 55 July 1, 2021 21a-408b
Sec. 56 July 1, 2021 21a-408c
Sec. 57 October 1, 2021 21a-408d
Sec. 58 July 1, 2021 21a-408h
Sec. 59 October 1, 2021 21a-408j
Sec. 60 July 1, 2021 21a-408k
Sec. 61 October 1, 2021 21a-408m
Sec. 62 October 1, 2021 21a-408l
Sec. 63 October 1, 2021 21a-408r
Sec. 64 July 1, 2021 21a-408t
Sec. 65 July 1, 2021 21a-408s
Sec. 66 July 1, 2021 21a-408u
Sec. 67 October 1, 2021 New section
Sec. 68 July 1, 2021 New section
Sec. 69 October 1, 2021 7-148(c)(7)(H)
Sec. 70 October 1, 2021 19a-342
Sec. 71 October 1, 2021 19a-342a
Sec. 72 October 1, 2021 31-40q
Sec. 73 July 1, 2022 New section
Sec. 74 July 1, 2022 New section
Sec. 75 July 1, 2022 New section
Governor's Bill No. 888
LCO No. 3311 163 of 163
Sec. 76 July 1, 2021 New section
Sec. 77 July 1, 2022 New section
Sec. 78 July 1, 2022 New section
Sec. 79 January 1, 2022 New section
Sec. 80 January 1, 2022 New section
Sec. 81 January 1, 2022 New section
Sec. 82 January 1, 2022 New section
Sec. 83 January 1, 2022 New section
Sec. 84 July 1, 2022 New section
Sec. 85 July 1, 2022 New section
Sec. 86 July 1, 2022 New section
Sec. 87 July 1, 2022 New section
Sec. 88 October 1, 2021 New section
Sec. 89 October 1, 2021 New section
Sec. 90 July 1, 2021 New section
Sec. 91 April 1, 2022 14-227a(a) to (e)
Sec. 92 April 1, 2022 14-227b
Sec. 93 April 1, 2022 14-227c
Sec. 94 April 1, 2022 14-44k(c)
Sec. 95 July 1, 2021 New section
Sec. 96 April 1, 2022 15-140q
Sec. 97 April 1, 2022 15-140r
Sec. 98 July 1, 2021 New section
Sec. 99 July 1, 2021 New section
Sec. 100 July 1, 2021 New section
Sec. 101 July 1, 2021 12-412(120)
Sec. 102 July 1, 2021 12-407(a)(37)(U)
Sec. 103 July 1, 2021 12-650
Sec. 104 July 1, 2021 12-30a(a)(1)
Sec. 105 July 1, 2021 12-35b(a)
Sec. 106 July 1, 2021 Repealer section
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]