Researcher: JO Page 1 4/22/21
OLR Bill Analysis
sSB 888
AN ACT RESPONSIBLY AND EQUITABLY REGULATING ADULT -
USE CANNABIS.
TABLE OF CONTENTS:
SUMMARY
§ 1 — DEFINITIONS
Defines numerous terms such as cannabis and cannabis product, consumer, cannabis
establishment, and equity
§§ 2-3, 6 & 115 — CANNABIS POSSESSION AND USE
Allows people age 21 or older to possess or use cannabis or cannabis products, up to a
specified possession limit; establishes various penalties for possession by underage
individuals or possession exceeding the bill’s limit; allows people to pay certain fines by
mail without making a court appearance
§§ 4 & 115 — CANNABIS PARAPHERNAL IA
For drug paraphernalia actions related to cannabis, (1) raises the threshold amount of
cannabis for which misdemeanor penalties apply and (2) for amounts below that
threshold, modifies the penalties for individuals under age 18
§ 5 — DELINQUENCY ADJUDICA TION FOR POSSESSION BY
JUVENILES
Prohibits minors from being adjudicated delinquent for certain cannabis-related offenses
§ 7 — MEDICAL ASSISTANCE FOR CANNABIS-RELATED DISTRESS
Generally prohibits prosecuting someone for cannabis possession or certain related
offenses if evidence was obtained through efforts to seek medical assistance for cannabis-
related medical distress
§§ 8 & 9 — CRIMINAL RECORD ERAS URE
Allows for petitions to erase records for cannabis-related convictions within a certain
period, including for possessing up to four ounces; using or possessing drug
paraphernalia; or selling, manufacturing, or related actions involving up to four ounces
or up to six plants grown in the person’s home for personal use; provides for automatic
erasure of convictions within a certain period for possessing less than four ounces of
cannabis or any quantity of non-narcotic or non-hallucinogenic drugs; makes certain
changes to existing laws on record erasure for any decriminalized offense
§ 10 — RECORD PURCHASERS AN D DISCLOSURE
Extends certain requirements for public criminal record purchasers to cover records from
all criminal justice agencies, not just the judicial branch; sets a 30-day deadline for
purchasers to update their records after receiving information on certain records’ erasure 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 2 4/22/21
§ 11 — LEGAL PROTECTIONS FOR ESTABLISHMENTS, EMPLOYEES,
AND BACKERS
Provides legal protections for cannabis establishments, and their employees and backers,
who comply with the bill’s requirements
§ 12 — PROFESSIONAL LICENSING DENIALS
Limits when the state can deny a professional license because of certain cannabis-related
activity
§ 13 — RETURN OF SEIZED PROPERTY
Requires the return of drug paraphernalia or other cannabis-related property seized from
a consumer for a suspected violation of the law on cannabis possession
§ 14 — CANNABIS GIFTS
Allows consumers to give cannabis or cannabis products to other consumers for free,
within the bill’s possession limit
§ 15 — PENALTIES FOR ILLEGALLY GROWING OR SELLING
CANNABIS
Lowers the penalties for illegally growing up to six cannabis plants for personal use or
selling less than eight ounces
§ 16 — PAROLE, SPECIAL PAROLE, OR PROBATION
Limits when cannabis possession or use can be grounds to revoke parole, special parole,
or probation
§ 17 — BAIL RELEASE CONDITIONS
Limits when the lawful use of intoxicating substances or drugs may be prohibited as a
condition of release on bail
§ 18 — SEARCHES AND MOTOR V EHICLE STOPS
Limits when cannabis odor or possession can justify a search or motor vehicle stop
§ 19 — BOARD OF EDUCATION POLICIES
Prohibits school board disciplinary policies from setting stricter penalties for violations
involving cannabis than for alcohol
§ 20 — DOMESTICATED ANIMALS
Establishes penalties for feeding cannabis to domesticated animals
§ 21 — CANNABIS CONTROL COM MISSION
Establishes a three-member Cannabis Control Commission to establish guidelines for
cannabis business licensing
§ 22 — SOCIAL EQUITY COUNCIL
Establishes a Social Equity Council to promote and encourage full participation in the
cannabis industry by people from communities disproportionately harmed by cannabis
prohibition
§ 23 — CANNABIS ARREST AND CONVICTION DATA
Requires the Social Equity Council to report on cannabis arrest and conviction data
§ 24 — AGE REQUIREMENTS 2021SB-00888-R000569-BA.DOCX
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Requires individuals to be at least (1) age 21 to hold any cannabis establishment license
or be a backer or key employee and (2) age 18 to be employed at a cannabis establishment
§ 24 — REGISTRATION OR LICENSE REQUIRED
Generally requires all cannabis establishment employees, key employees, and backers to
obtain a DCP registration or license, as applicable
§ 25 — ADVERSE ACTION DUE TO FEDERAL LAW PROHIBITED
Prohibits agencies or political subdivisions of the state from relying on a federal law
violation related to cannabis as the sole basis for taking an adverse action against a
person; prohibits law enforcement officers from assisting a federal operation if the
activity complies with the bill’s provisions; specifies that it is Connecticut’s public policy
that contracts related to operating cannabis establishments are enforceable
§ 26 — MEDICAL MARIJUANA PR ODUCER EXPANDED ACTI VITIES
Allows medical marijuana producers to expand their license to include certain
recreational cannabis-related activities, upon DCP authorization
§ 26 — PERMITTED CANNABIS-RELATED ACTIVITIES BY
SPECIFIED ENTITIES
Specifies only certain entities may deliver, sell, or offer cannabis to consumers, patients,
or caregivers
§ 27 — INTERSTATE SALES AND TRANSFERS PROHIBITED
Prohibits cannabis establishments from taking actions outside Connecticut if they violate
federal law
§ 28 — PAYMENT FOR PROMOTIO N AND EXCLUSIVE CONTRA CTS
PROHIBITED
Prohibits retailers from (1) accepting payment from certain entities to place or promote
their product and (2) entering into exclusive contracts
§ 28 — SALES OF CANNABIS INTENDED FOR ANIMAL USE
PROHIBITED
Prohibits cannabis establishments from preparing or selling cannabis intended for animal
use
§ 28 — TRANSACTION LIMITS FOR CANNABIS
Limits the amount a customer may buy to one ounce; sets the limit at five ounces for a
qualifying patient or caregiver; allows the DCP commissioner to set lower limits
§ 28 — CANNABIS ESTABLISHME NTS PROHIBITED FROM HAVING
LIVE CANNABIS PLANTS
Generally prohibits cannabis establishments from having live plants unrelated to their
licensed operations
§ 28 — CREDENTIAL ASSIGNMEN T PROHIBITED
Generally prohibits the assignment or transfer of a cannabis credential
§ 29 — REGISTRATION OR LICENSE REQUIRED
Requires cannabis establishment employees to be registered and backers or key employees
to be licensed; specifies certain crimes disqualify prospective licensees
§§ 30 & 31 — CRIMINAL HISTORY CHECKS 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 4 4/22/21
Requires initial backers and key employees to submit to criminal history checks before
getting their license
§ 32 — IMPLEMENTING REGULAT IONS AND POLICIES AND
PROCEDURES
Requires the commissioner to adopt regulations and policies and procedures on various
cannabis issues (e.g., appropriate serving size, labeling and packaging, consumer health
materials, laboratory standards, certain prohibitions regarding minors, certain supply
requirements, and product registration)
§ 33 — CERTAIN ADVERTISEMEN TS PROHIBITED
Prohibits cannabis establishments from advertising in certain ways (e.g., targeting those
under age 21, representing that cannabis has therapeutic effects, sponsoring certain
events, and advertising near certain schools); requires a warning regarding under age 21
cannabis use
§ 33 — BRAND NAME REGISTRAT ION PROHIBITED
Prohibits DCP from registering certain cannabis brands if they are similar to existing or
unlawful products or previously approved cannabis brands
§§ 34 & 35 — APPLICATION TYPES AND FEES
Allows DCP to accept social equity applications beginning July 1, 2021, and other
applications beginning January 1, 2024; sets application fees
§§ 34 & 35 — SOCIAL EQUITY PROVISIONS
Allows social equity applicants to pay 50% of most fee amounts; establishes the cannabis
social equity account; requires the Social Equity Council to review certain information on
equity applications
§ 35 — LOTTERY AND APPLICATION RANKING
Sets procedure for putting applicants in a license lottery, which must be conducted by a
third-party lottery operator
§ 35 — REVIEW FOR DISQUALIFYING CONDITIONS
Requires DCP and the council to review applications selected through the lottery
§ 35 — PROVISIONAL LICENSES
Requires DCP to issue provisional licenses, valid for 14 months, if an application is not
disqualified; provisional license does not allow licensee to begin cannabis-related
operations
§ 35 — FINAL LICENSE
Specifies information that must be submitted as part of an application
§ 36 — CHANGE IN OWNERSHIP REGULATIONS
Requires the Cannabis Control Commission to adopt regulations to prevent changes of
social equity ownership within three years of license issuance
§ 37 — CANOPY REGULATIONS
Requires the Cannabis Control Commission to adopt regulations to establish the
maximum canopy space a cultivator or micro-cultivator may use
§ 38 — CANNABIS BUSINESS ACCELERATOR PROGRAM
Requires the Cannabis Control Commission to develop a cannabis business accelerator
program to provide technical assistance to accelerator licensees 2021SB-00888-R000569-BA.DOCX
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§ 39 — WORKFORCE TRAINING P ROGRAM
Requires the Cannabis Control Commission to develop a workforce training program
§ 40 — LICENSE AND OWNERSHI P LIMIT
Limits the number of licenses certain individuals may hold to two; limits how many
cannabis establishments for which an individual can serve as backer
§§ 41-49 — DCP ISSUED LICENSES
Starting July 1, 2021, allows DCP to administer licenses for retailers, hybrid retailers,
food and beverage manufacturers, product manufacturers, product packagers, delivery
services, cultivators, and micro-cultivators; prohibits anyone from acting or representing
themselves as one of these licensees without obtaining a license; establishes licensure
requirements; allows dispensaries to convert to hybrid retailers and vice versa
§ 50 — RELOCATION FOR DISPENSARY OR HYBRID RETAILER
Temporarily allows DCP to deny a change of location for a dispensary facility or hybrid
retailer because of patient needs and prohibits the department from approving a
relocation that is further than 10 miles from the current location
§ 51 — CONFLICT OF INTEREST FOR CERTAIN DCP EMPLOYEES
AND CANNABIS CONTROL COMMISSION MEMBERS
Prohibits DCP employees who carry out certain functions and Cannabis Control
Commission members from having management or financial interests in the cannabis
industry
§ 52 — PROTECTION FOR CANNA BIS EMPLOYEES
Protects cannabis establishments and their employees from seizures and forfeiture due to
cannabis related activities due to their job
§ 53 — DISPLAY PROHIBITIONS
Prohibits cannabis establishments from displaying cannabis that is visible to the general
public from a public road or on DEEP-managed property
§ 54 — CANNABIS ESTABLISHME NT POLICIES AND PROCEDURES
Requires each cannabis establishment to establish, maintain, and comply with written
policies and procedures on, among other things, handling recalls and crises, ensuring
adulterated cannabis is destroyed, and ensuring the oldest cannabis is sold first
§ 55 — ALLOWABLE PURCHASES BY MEDICAL MARIJUANA
PATIENTS AND CAREGIVERS
Allows qualifying patients and caregivers to purchase cannabis with higher potency and
more per transaction or per day, as the commissioner determines
§ 56 — RECORDKEEPING AND EL ECTRONIC TRACKING SYSTEM
Requires each cannabis establishment to maintain specified records through an electronic
tracking system and establishes narrow conditions under which the records may be
released
§ 57 — FINANCIAL RECORDKEE PING AND DCP ENFORCEMENT
Requires cannabis establishments to maintain records of their business transactions for
the current tax year and the three immediately preceding years in an auditable format;
gives the DCP commissioner certain powers to supervise and enforce the bill’s provisions
§ 58 — DCP DISCIPLINARY ACTIONS 2021SB-00888-R000569-BA.DOCX
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Allows the DCP commissioner, for sufficient cause, to take certain disciplinary actions,
including, among other things, suspending or revoking a credential or issuing fines
§ 59 — DCP REGULATIONS, POLICIES, AND PROCEDURES
Allows the DCP commissioner to adopt (1) implementing regulations and (2) policies and
procedures before adopting regulations
§ 60 — DCP RECOMMENDATIONS ON HOME-GROWN CANNABIS
AND ON-SITE CONSUMPTION AND EVENTS
Requires DCP to make written recommendations to the governor and the legislature on
whether to allow home-grown cannabis or on-site consumption or events that allow
cannabis usage
§ 61 — MATERIAL CHANGE
Requires any person who enters into a transaction that results in a material change to a
cannabis establishment to file a written notice with the attorney general and serve a
waiting period
§ 62 — ELECTRICITY USAGE REPORT AND RENEWABLE ENERGY
Requires a cannabis establishment to annually report its annual electricity usage and
purchase renewable energy to the extent possible
§ 63 — DEPARTMENT OF BANKIN G REPORTING REQUIREMEN T
Requires the banking commissioner to report legislative recommendations to the governor
and legislature on cannabis establishments’ use of electronic payments and access to
banking institutions
§ 64 — INSURANCE REPORT
Requires the Insurance Commissioner to report to the governor and Insurance Committee
on cannabis establishments’ access to insurance
§ 65 — ALCOHOL AND DRUG POLIC Y COUNCIL REPORT
Requires the Alcohol and Drug Policy Council to make recommendations to the governor
and legislature on efforts to promote certain public health initiatives and collecting data
for certain reviews
§§ 66-71 & 77 — MEDICAL MARIJUANA PA TIENTS, CAREGIVERS,
AND HEALTH CARE PROV IDERS
Allows medical marijuana patients to grow up to six cannabis plants in their homes, if
they keep them secure from unauthorized access or minors; allows patients and caregivers
to possess up to five ounces of marijuana; eliminates the requirement for patients to select
a dispensary from whom they will obtain marijuana; revises terminology for patient
caregivers and eliminates the requirement that they only obtain marijuana from
dispensaries; broadens the types of entities in which physicians or APRNs who certify
patients for medical marijuana use may not have a financial interest to include most
cannabis establishments
§§ 66, 72, 73 & 82 — DISPENSARY FACILITIES
Makes various minor, technical, and conforming changes transferring many of current
law’s requirements for a licensed dispensary to a dispensary facility; expands the entities
a dispensary facility may acquire marijuana from; requires a dispensary facility or hybrid
retailer employee to transmit dispensing information in real-time or within one hour
§§ 66 & 76 — MEDICAL MARIJUANA QU ALIFYING CONDITIONS
AND BOARD OF PHYSICIANS 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 7 4/22/21
Allows the DCP commissioner to add to the list of qualifying medical marijuana
conditions without adopting regulations; specifies that she has the discretion to accept or
reject the physician board’s recommendations; eliminates the requirement for the board
to hold hearings at least twice a year
§§ 66, 79 & 81 — MEDICAL MARIJUANA RE SEARCH PROGRAMS
Expands the list of entities that may oversee or administer medical marijuana research
programs; expands the list of entities from whom these programs may acquire marijuana,
or to whom they may deliver it; requires research program employees to be registered
rather than licensed
§ 74 — PRODUCERS
Expands the entities a producer or its employee may sell to and immunizes them when
acting within the scope of employment
§ 75 — DCP MEDICAL MARIJUAN A REGULATIONS
Requires the DCP commissioner to amend regulations, as applicable, to implement the
bill’s changes to the medical marijuana laws and requires her to adopt policies and
procedures before the regulations are finalized
§§ 78 & 80 — LABORATORIES
Requires a laboratory to be licensed and (1) independent from all parties involved in the
marijuana industry and (2) maintain all minimum security and safeguard requirements for
storing and handling controlled substances
§§ 83 & 84 — MUNICIPAL AUTHORITY
Addresses various issues on municipalities’ authority to regulate cannabis, such as (1)
allowing them to enact certain zoning regulations or ordinances; (2) requiring them, upon
petition of 10% of their voters, to hold a local referendum on whether to allow the
recreational sale of marijuana; (3) barring them from prohibiting the delivery of cannabis
by authorized persons; (4) allowing them to charge retailers for certain initial public
safety expenses; and (5) allowing them to establish fines for cannabis smoking in outdoor
sections of restaurants
§ 85 — SCHOOL HEALTH SURVEY
Requires DPH to administer the Connecticut School Health Survey every two years to
high schools randomly selected by the CDC
§§ 86 & 87 — CLEAN INDOOR AIR ACT
Extends existing law’s prohibition on smoking and e-cigarette use in certain
establishments and public areas to include cannabis, hemp, and electronic cannabis
delivery systems (ECDS); expands the locations where the prohibition applies; extends
existing signage requirements and penalties for smoking and e-cigarette use to cannabis,
hemp, and ECDS
§ 88 — WORKPLACE SMOKING BA N
Generally bans smoking (whether tobacco, cannabis, or hemp) and e-cigarette use in
workplaces, regardless of the number or employees
§ 89 — HOTELS AND CANNABIS
Requires hotels and motels to ban the smoking or vaping of cannabis, but otherwise
prohibits them from banning its use or possession in non-public areas
§ 90 — TENANTS AND CANNABIS 2021SB-00888-R000569-BA.DOCX
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Restricts when landlords and property managers can refuse to rent to an individual due to
convictions, or take certain other actions, related to cannabis
§ 91 — CANNABIS USE BANNED ON STATE LANDS OR WATERS
Establishes penalties for using cannabis on state lands or waters managed by DEEP
§ 92 — DEPARTMENT OF CORREC TION AUTHORITY TO BAN
CANNABIS
Authorizes DOC to ban cannabis possession by people under DOC custody
§ 93 — POSITIVE DRUG TEST
Prohibits a positive drug test result that solely indicates a specified metabolite of THC
from being proof that an individual is impaired by cannabis without other additional
evidence
§ 94 — MEDICAL PATIENTS, PARENTS, AND PREGNANT WOMEN
Provides certain protections for medical patients, parents, and pregnant women if traces
of cannabinoid metabolites are detected in their bodily fluids
§ 95 — POSITIVE STUDENT THC TESTS
Prohibits, with some exceptions, a positive drug test result that solely indicates a specified
metabolite of THC from being the sole basis for a school to penalize a student
§ 96 — BAN ON REVOKING FINANCIAL AID OR EXPELLING
HIGHER EDUCATION STU DENTS
Generally bans institutions of higher education from (1) revoking financial aid or student
loans or (2) expelling a student, solely for use or possession of small amounts of cannabis
§§ 97-101 — EMPLOYMENT RELATED P ROVISIONS
Defines numerous terms including exempt employer and exempt employee; sets rules for
what employers are (1) banned from doing and (2) authorized to do under certain
conditions; specifies it does not limit an employer’s ability to require employees to submit
to drug testing; creates a civil action for employees aggrieved by a violation of the bill’s
employer limitations
§§ 102-104 — CANNABIS CONTROL COM MISSION POWERS, DUTIES,
AND PROCEDURES
Places the Cannabis Control Commission within the DCP’s boards and commissions and
extends specified powers and duties to the commission
§ 105 — PENALTIES FOR SALES TO UNDERAGE PERSONS
Establishes misdemeanor penalties for cannabis establishments and employees who sell to
people under age 21
§ 106 — PHOTO IDENTIFICATION
Allows cannabis establishments and their employees to require customers to have their
photos taken or show IDs to prove their age and provides an affirmative defense for
relying on these documents; otherwise limits the use of these photos or information;
allows DCP to require cannabis establishments to use an online age verification system
§ 107 — PENALTIES FOR INDUCING UNDERAGE PERSONS TO BUY
CANNABIS
Establishes misdemeanor penalties for inducing someone under age 21 to buy cannabis 2021SB-00888-R000569-BA.DOCX
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§ 108 — IDENTIFICATION USE AND PENALTIES FOR ATTEMPTED
PURCHASES BY UNDERAG E PERSONS
Allows driver’s licenses and non-driver ID cards to be used to prove age for buying
cannabis; establishes penalties for underage persons who misrepresent their age or use
someone else’s license in an attempt to buy cannabis
§ 109 — PENALTIES FOR ALLOWING UNDERAGE PERSONS TO
POSSESS CANNABIS AT A PERSON’S PROPERTY
Makes it a class A misdemeanor for someone in control of a home or private property to
allow someone under age 21 to possess cannabis there
§ 110 — PROHIBITION ON ALLOWING UNDERAGE PERSONS TO
LOITER AT CANNABIS RETAILERS
Establishes penalties for cannabis retailers or hybrid retailers who allow underage
individuals to loiter or enter certain parts of the establishment
§ 111 — UNDERAGE PERSONS POS SESSING ALCOHOL AT A
PERSON’S PROPERTY
Narrows the existing crime of allowing underage persons to possess alcohol at a property,
by eliminating criminal negligence as a sufficient mental state for this crime
§§ 112 & 113 — CANNABIS USE IN MOTOR VEHICLES
Makes it a (1) class C misdemeanor to smoke, otherwise inhale, or ingest cannabis while
driving a motor vehicle and (2) class D misdemeanor to smoke cannabis in a motor
vehicle
§ 114 — DRUG RECOGNITION EXP ERTS AND ADVANCED
ROADSIDE IMPAIRED DRIVING ENFORCEMENT
Requires POST and DOT to determine the number of drug recognition experts needed;
requires certain officers to be trained in advanced roadside impaired driving
enforcement; and requires related training plans
§ 116 — DRIVING UNDER THE INFLUENCE (DUI)
Modifies the state’s DUI law, including allowing drug influence evaluations to be
admitted as evidence, allowing courts to take judicial notice of THC’s effects, and
providing immunity to people who draw blood at a police officer’s direction
§ 117 — ALCOHOL EDUCATION AN D TREATMENT PROGRAM
Specifies that the court can require people convicted of DUI to attend an alcohol
education and treatment program if they drove under the influence of alcohol or both
alcohol and drugs
§ 118 — ADMINISTRATIVE PER SE LICENSE SUSPENSION PROCESS
Makes changes to the administrative per se process, including (1) expanding it to include
procedures for imposing penalties on drivers without an elevated BAC but found to be
driving under the influence based on behavioral impairment evidence and (2) applying the
existing per se process to operators who refuse the nontestimonial portion of a drug
influence evaluation
§ 119 — PROCEDURES FOR ACCID ENTS RESULTING IN DEATH OR
SERIOUS INJURY
Modifies intoxication testing procedures for accidents resulting in death or serious injury,
including by requiring drug influence evaluations of surviving operators 2021SB-00888-R000569-BA.DOCX
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§ 120 — COMMERCIAL VEHICLE D RIVING DISQUALIFICATION
Extends existing commercial motor vehicle driving disqualification penalties to drivers
who refused a drug influence evaluation or drove under the influence of alcohol, drugs, or
both
§ 121 — EDUCATIONAL MATERIAL S ON DRE PROGRAM AND
DRUG INFLUENCE EVALU ATIONS
Requires the Traffic Safety Resource Prosecutor to develop educational materials and
programs about the DRE program and drug influence evaluations
§ 122 — ADMINISTRATIVE PENAL TIES FOR BOATING UNDER THE
INFLUENCE
Makes changes to DEEP’s administrative sanctions process for boating under the
influence that are substantially similar to the bill’s changes to DMV’s administrative per
se process
§ 123 — BOATING UNDER THE INFLUENCE
Makes substantially similar changes to the boating under the influence law as those the
bill makes to the DUI law, such as allowing DREs to testify in boating under the influence
cases
§ 124 — DOT RECOMMENDATIONS ON IMPAIRED DRIVING DATA
COLLECTION AND PILOT PROGRAMS
Requires DOT to make recommendations regarding impaired driving data collection and
pilot programs on electronic warrants and oral fluid testing in impaired driving
investigations
§ 125 — STATE EXCISE TAX ON CANNABIS
Establishes a state excise tax on the first sale or use of cannabis flowers, cannabis trim, or
wet cannabis by a producer, cultivator, or micro-cultivator in the state; for FYs 22-23,
directs the revenue to the General Fund; beginning in FY 24, directs a portion of the
revenue to a new cannabis equity and innovation account and prevention and recovery
services account for specified purposes
§§ 126 & 127 — MUNICIPAL SALES TAX
Imposes a 3% municipal sales tax on the sale of cannabis and cannabis products that
applies in addition to the state’s 6.35% sales tax
§§ 127-129 — STATE SALES TAX ON CANNABIS AND CANNABIS
PRODUCTS
With certain exceptions, prohibits exemptions under the state’s sales and use tax law from
applying to cannabis or cannabis product sales; extends the sales and use tax to cannabis-
related advertising and public relations services, including services related to media and
cooperative direct mail advertising; prohibits refunds to purchasers and businesses for
sales and use taxes paid on cannabis and cannabis products
§§ 130-132 & 140 — MARIJUANA AND CONTRO LLED SUBSTANCES
TAX
Repeals the marijuana and controlled substances tax
§ 133 — ANGEL INVESTOR TAX CREDITS FOR SOCIAL EQUITY
APPLICANTS
Extends the angel investor tax credit program to eligible cannabis businesses for which
social equity applicants have been granted a license or provisional license; allows 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 11 4/22/21
investors to claim a 40% income tax credit for credit-eligible investments in these
businesses; imposes a $15 million per fiscal year cap on these credits, and increases the
total credits allowed under the program to $20 million per fiscal year
§§ 134 & 135 — CANNABIS-RELATED FINANCIAL ASSISTANCE AND
WORKFORCE TRAINING P ROGRAMS
Authorizes up to $50 million in state general obligation bonds for DECD and the
Cannabis Control Commission to use for specified financial assistance and workforce
training programs
§§ 136-140 — REPEAL OF OBSOLETE PROVISIONS
Repeals obsolete provisions on medical marijuana patient temporary registration
certificates
BACKGROUND
SUMMARY
This bill makes numerous changes related to criminal justice,
licensing, employment, tax, traffic enforcement, and other laws to
establish legal adult recreational use of cannabis (marijuana).
Regarding adult recreational use, the bill allows individuals age 21
or older (consumers) to possess, use, or otherwise consume cannabis
and cannabis products. It (1) generally sets a possession limit of 1.5
ounces of cannabis plant material and five ounces in a locked container
in the person’s residence and (2) erases certain cannabis-related
criminal convictions, in some cases automatically and in others upon
the person’s petition.
The bill establishes (1) various Department of Consumer Protection
(DCP) licensing and registration requirements for individuals and
entities to work in the cannabis industry and (2) the Cannabis Control
Commission, within DCP, to regulate these licenses and monitor the
recreational adult use cannabis industry. Application requirements
include, among other things, that cannabis establishment licensees be
at least age 21, their employees be at least age 18, and the number of
licenses certain individuals hold be limited to two.
The bill also establishes a Social Equity Council to promote and
encourage full participation in the cannabis industry by people from
communities disproportionately harmed by cannabis prohibition.
Starting July 1, 2021, it allows DCP to accept social equity applications 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 12 4/22/21
(up to 40% for each license type) and allows these applicants to pay
50% of most license fee amounts. The council must make
recommendations on various matters, such as establishing a process to
ensure that these applicants have access to sufficient capital to operate
these businesses.
The bill sets cannabis establishment licensure requirements for each
license type, for which DCP may accept applications from anyone
starting on January 1, 2024. For example, it (1) generally limits
purchases to one ounce for consumers and five ounces for qualifying
patients or caregivers, (2) prohibits certain advertising practices by
cannabis establishments (e.g., targeting minors or claiming therapeutic
effects), (3) limits how cannabis may be delivered to consumers, and
(4) sets requirements for how undelivered products must be securely
stored.
The bill establishes guidelines, rules, and protections for employers
and employees regarding recreational cannabis use. It generally bans
certain employer actions, such as taking action against an employee for
the employee’s use of cannabis prior to employment. The bill
specifically authorizes other actions, such as allowing employers to
establish a workplace policy prohibiting cannabis possession or use by
an employee, except for possession of medical marijuana. The bill (1)
exempts some employers and types of positions from its requirements
and (2) specifies that it does not limit an employer’s ability to require
employees to submit to drug testing. It also creates a civil action for
employees aggrieved by a violation of the bill’s employer limitations.
Regarding taxes, the bill establishes a state excise tax on the first sale
of cannabis in the state ($0.28 per gram of wet cannabis, $0.50 per dry-
weight gram of cannabis trim, and $1.25 per dry-weight gram of
cannabis flowers) and directs a portion of the revenue to a new (1)
cannabis equity and innovation account and (2) prevention and
recovery services account for specified purposes. It imposes a 3%
municipal sales tax on the sale of cannabis and cannabis products that
applies in addition to the state’s 6.35% sales tax. It also extends the
angel investor tax credit program to eligible cannabis businesses for 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 13 4/22/21
which social equity applicants have been granted a license or
provisional license.
The bill also authorizes up to $50 million in state general obligation
bonds for the Department of Economic and Community Development
and the Cannabis Control Commission to use for specified financial
assistance and workforce training programs.
Regarding traffic enforcement, the bill modifies the state’s driving
under the influence (DUI) and boating under the influence laws and
the related administrative sanction processes to enhance enforcement
against those who are drug impaired but do not have an elevated
blood alcohol content (BAC). It includes increasing the number of
police officers trained in impaired driving assessment techniques. It
also makes it illegal to use cannabis products while driving or smoke
cannabis in a motor vehicle.
The bill establishes penalties for various actions, such as (1)
consumers possessing cannabis in excess of the possession limit, (2)
underage individuals possessing cannabis or attempting to buy it, (3)
retailers selling cannabis to customers under age 21, and (4) property
owners allowing persons under age 21 to possess cannabis at the
property. The bill lowers existing penalties for illegally (1) growing up
to six cannabis plants for personal use or (2) selling less than eight
ounces.
The bill makes certain changes to the state’s medical marijuana
laws, such as allowing (1) patients to grow up to six cannabis plants in
their homes, subject to certain requirements, and (2) DCP to add to the
list of qualifying medical conditions without adopting regulations.
The bill also has several student-related provisions including
prohibiting, with some exceptions, a positive drug test that solely
indicates a specified metabolite of THC from being the sole basis for a
school to penalize a student. It also generally bans higher education
institutions from (1) revoking financial aid or student loans or (2)
expelling a student, solely for using or possessing small amounts of
cannabis. 2021SB-00888-R000569-BA.DOCX
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Among numerous other cannabis-related provisions, the bill also:
1. prohibits minors from being adjudicated delinquent for certain
cannabis-related offenses;
2. limits when cannabis odor or possession can justify a search or
motor vehicle stop;
3. limits when cannabis possession or use can be grounds to
revoke parole, special parole, or probation;
4. allows municipalities to regulate certain aspects of cannabis
businesses through zoning ordinances and requires
municipalities, upon petition of 10% of their voters, to hold a
referendum on whether to allow recreational cannabis sales;
5. extends existing law’s prohibition on smoking and e-cigarette
use in certain establishments and public areas to include
cannabis, hemp, and electronic cannabis delivery systems, and
expands the locations where the prohibition applies; and
6. restricts when landlords can take certain cannabis-related
actions regarding tenants.
The bill makes a minor change to an alcohol-related crime.
It also makes minor, technical, and conforming changes.
EFFECTIVE DATE: Various; see below.
§ 1 — DEFINITIONS
Defines numerous terms such as cannabis and cannabis product, consumer, cannabis
establishment, and equity
The bill defines numerous terms, including those in the categories
below. Certain other terms are defined further below in context.
EFFECTIVE DATE: Upon passage
Cannabis and Related Terms
Under the bill, “cannabis” is marijuana as defined under existing 2021SB-00888-R000569-BA.DOCX
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law. Existing law defines “marijuana” to include parts of a plant or
species of the genus cannabis, whether or not it is growing, and
including its seeds and resin; its compounds, manufactures, salts,
derivatives, mixtures, and preparations; and cannabinon, cannabinol,
cannabidiol (CBD), and similar compounds unless derived from hemp
as defined in federal law. Among other things, the definition excludes
a plant’s mature stalks; fiber made from the stalks; oil or cake made
from the seeds; a compound, manufacture, salt, derivative, mixture, or
preparation made from the stalks, except the extracted resin; and hemp
(CGS § 21a-240(29)).
“Cannabis flower” is the flower of a plant of the genus cannabis
(including abnormal and immature flowers) that has been harvested
and dried and cured, and before it is processed and transformed into a
cannabis product, but not including the plant’s leaves or stem.
“Cannabis trim” includes all parts of the cannabis plant other than
those that have been harvested, dried, and cured, and before it is
processed and transformed into a cannabis product. Both terms
exclude hemp.
“Cannabis product” is a cannabis concentrate or a product that
contains cannabis, which may be combined with other ingredients, and
is intended for use or consumption. It does not include the raw
cannabis plant. “Cannabis concentrate” is any form of concentration
extracted from cannabis or a cannabis product, such as extracts, oils,
tinctures, shatter, and waxes.
A “marijuana product” is one that contains marijuana (alone or with
other ingredients) and is intended for use or consumption, but not
including the raw marijuana plant. A “medical marijuana product” is
marijuana or a marijuana product that (1) dispensary facilities and
hybrid retailers (see below) exclusively sell to qualifying patients and
caregivers and (2) the Department of Consumer Protection (DCP)
designates on its website as reserved for sale to those individuals.
The bill defines “THC” as tetrahydrocannabinol and any material,
compound, mixture, or preparation that contain their salts, isomers, 2021SB-00888-R000569-BA.DOCX
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and salts of isomers, whenever the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical
designation. The definition excludes (1) dronabinol in sesame oil and
encapsulated in a soft gelatin capsule in a product approved by the
federal Food and Drug Administration (FDA) and (2) any
tetrahydrocannabinol product that has been FDA-approved for a
medical use and reclassified or unscheduled in the federal controlled
substances schedule.
Consumer, Cannabis Establishment, and Related Terms
Under the bill, a “consumer” is someone who is at least 21 years old.
A “cannabis establishment” is a producer, dispensary facility,
cultivator, micro-cultivator, retailer, hybrid retailer (i.e., licensed to sell
both recreational cannabis and medical marijuana), food and beverage
manufacturer, product manufacturer, product packager, or delivery
service.
Under the bill, an “employee” is generally:
1. someone employed by a cannabis establishment or who
otherwise has access to it or the vehicles used to transport
cannabis or cannabis products, including an independent
contractor with routine access to the premises or to the
establishment’s cannabis or cannabis products, or
2. a board member of a company with an ownership interest in a
cannabis establishment.
A “backer” is not considered an employee. A backer is an individual
with a direct or indirect financial interest in a cannabis establishment.
This does not include someone who (1) has an investment interest of
up to 5% of the total ownership or interest rights (alone or with
coworkers, employees, or a spouse, parent, or child) and (2) does not
participate in the establishment’s control, management, or operation.
A “financial interest” is an actual or future right to ownership, an
investment, or a compensation arrangement with another person, 2021SB-00888-R000569-BA.DOCX
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directly, through business, investment, or family. It does not include
owning investment securities in a publicly-held corporation that is
traded on a national exchange or over-the-counter market, as long as
the person (alone or with a spouse, parent, or child) does not own
more than 0.5% of the corporation’s shares.
Generally, a “key employee” is a cannabis establishment’s president
or chief officer, financial manager, compliance manager, or someone
with an equivalent title.
Equity, Social Equity Applicant, and Related Terms
The bill defines “equity” and “equitable” as efforts, regulations,
policies, programs, standards, processes, and any other government
functions or principles of law and governance intended to:
1. identify and remedy past and present patterns of discrimination
and disparities of race, ethnicity, gender, and sexual orientation;
2. ensure that these intentional or unintentional patterns are not
reinforced or perpetuated; and
3. prevent the emergence and persistence of foreseeable future
patterns of discrimination or disparities on these bases.
A “social equity applicant” is an applicant for a cannabis
establishment license, provided the establishment is either at least 51%
owned by, or under the day-to-day control of, an individual or
individuals who:
1. have a prior arrest or conviction, as an adult or juvenile, for the
sale, possession, use, manufacture, or cultivation of cannabis;
2. have a parent, spouse, or child who has such an arrest or
conviction;
3. have been a resident of a disproportionately affected
community for at least five of the 10 years immediately before
applying for the license; or 2021SB-00888-R000569-BA.DOCX
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4. reside on tribal land.
In addition, these individuals’ primary addresses must have been in
Connecticut for at least five years immediately before applying for the
license.
A “disproportionately affected community” is either of the
following:
1. one of the top 20 communities on the most recent Public
Investment Community index prepared by the Office of Policy
and Management (OPM) (this index ranks municipalities in
descending order based on their relative wealth and need,
according to specified criteria); or
2. a census tract in any municipality whose unemployment rate,
and percentage of town residents below the federal poverty
level, is greater than the statewide rate and percentage
respectively.
§§ 2-3, 6 & 115 — CANNABIS POSSESSION AND USE
Allows people age 21 or older to possess or use cannabis or cannabis products, up to a
specified possession limit; establishes various penalties for possession by underage
individuals or possession exceeding the bill’s limit; allows people to pay certain fines by
mail without making a court appearance
The bill allows individuals age 21 or older (consumers) to possess,
use, or otherwise consume cannabis and cannabis products, up to a
specified possession limit. Specifically, the amount of cannabis must
not exceed (1) 1.5 ounces of cannabis plant material and five ounces of
such material in a locked container in the person’s residence, (2) an
equivalent amount of cannabis product, or (3) an equivalent combined
amount of cannabis and cannabis product.
Generally, the bill defines “cannabis plant material” as the cannabis
flower, trim, and all parts of the cannabis plant or species, excluding
(1) a growing plant and its seeds or (2) industrial hemp as defined
under federal law. Under the bill, 1.5 ounces of cannabis plant material
is equivalent to 7.5 grams of cannabis concentrate or any other
cannabis product with up to 750 milligrams of THC. Five ounces is 2021SB-00888-R000569-BA.DOCX
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equivalent to 25 grams of cannabis concentrate or any other cannabis
product with up to 2,500 milligrams of THC.
Current law prohibits the possession of cannabis, except as
authorized by law for medical purposes, and imposes civil fines and
other penalties for possession of under ½ ounce and criminal penalties
for the possession of larger amounts. The following table describes the
current penalties.
Penalties for Cannabis Possession Under Current Law
Possession of less than ½ ounce (CGS § 21a-279a):
First offense: $150 fine
Subsequent offenses: $200 to $500 fine (third-time violators must attend drug
education, at their own expense)
Violators follow the procedures the law sets for infractions (e.g., they can pay the
fine by mail) (CGS § 51-164n)
60-day suspension of the driver’s license or nonresident operating privileges of
anyone under age 21 who is convicted of a violation (if the person does not have
a license, he or she is ineligible for one for 150 days) (CGS § 14-111e)
Burden of proof is preponderance of the evidence (rather than beyond a
reasonable doubt) (CGS § 51-164n(i))
Possession of ½ ounce or more (CGS § 21a-279(a)):
Class A misdemeanor, punishable by up to one-year prison term, up to a $2,000
fine, or both
Second offense: court must evaluate the defendant and may suspend
prosecution and order substance abuse treatment if the court determines that the
person is drug dependent
Subsequent offenses: court may find the person to be a persistent offender for
controlled substance possession and impose the prison term that applies to class
E felonies (i.e., up to three years)
Possession of ½ ounce or more within 1,500 feet of the property comprising (1) an
elementary or secondary school by someone who is not attending the school or (2) a
licensed child care center as identified by a sign posted in a conspicuous place (CGS
§ 21a-279(b)):
Class A misdemeanor
Court must sentence the person to a term of imprisonment and probation. The
conditions of probation must include community service.
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As explained below, the bill establishes a range of penalties for
cannabis possession (1) by underage individuals or (2) that exceeds the
bill’s possession limit. In all cases, these penalties do not apply if the
possession is authorized under the state’s medical marijuana law.
For purposes of the bill’s possession limit, associated penalties, and
certain related provisions, one ounce of cannabis plant material is
equivalent to (1) five grams of cannabis concentrate or (2) any other
cannabis product with up to 500 milligrams of THC. Also, the amount
of cannabis possessed is calculated by converting any quantity of
cannabis product to its equivalent quantity of plant material and
taking the sum of these quantities.
Penalties for Underage Individuals Possessing Less Than Four
Ounces (§ 3(b) & (c))
The bill establishes the following penalties for people under age 21
possessing less than (1) four ounces of cannabis plant material, (2) 20
grams of cannabis concentrate or any other cannabis product with up
to 2,000 milligrams of THC, or (3) an equivalent combined amount of
cannabis and cannabis product. (For penalties for people of any age
possessing larger amounts, see below under “Penalties for Possessing
Four or More Ounces.”)
Individuals Under Age 18. The bill prohibits the police from
arresting anyone under age 18 for possessing less than four ounces of
cannabis or equivalent product amounts or combined amounts as
specified above. It establishes the following penalties:
1. first offense: a written warning and possible referral to a youth
services bureau or other appropriate services;
2. second offense: mandatory referral to a youth services bureau or
other appropriate services; and
3. third offense: adjudicated as delinquent in juvenile court.
By law, youth services bureaus coordinate community-based
services that provide prevention and intervention programs for 2021SB-00888-R000569-BA.DOCX
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delinquent, pre-delinquent, pregnant, parenting, and troubled youths
referred to them by schools, police, and juvenile courts, among others
(CGS § 10-19m).
Individuals Age 18 to 20. The bill establishes the following
penalties for 18- to 20-year-olds possessing under four ounces of
cannabis or equivalent product amounts or combined amounts as
specified above:
1. first offense: $50 fine, except the fine is waived if the individual
attests to his or her indigency, and
2. second offense: $150 fine, or as an alternative, the individual
may perform six hours of community service for a private,
nonprofit charity or other nonprofit organization (if the
individual chooses community service, he or she must attest to
completing that service and present confirming documentation).
In addition, whether it is a first or subsequent offense, the bill
requires these individuals to view and sign a statement acknowledging
the health effects of cannabis on young people.
Penalties for Individuals Age 21 or Older Possessing Over the
Bill’s Limit but Less Than Four Ounces (§ 3(d))
Under the bill, someone age 21 or older is subject to fines for
possessing more than the bill’s possession limit but less than (1) four
ounces of cannabis plant material and five ounces in a locked container
in the person’s residence or (2) an equivalent amount of cannabis
product or combined amount of cannabis and cannabis product.
The bill establishes a $150 fine for a first offense and $300 fine for a
subsequent offense.
Penalties for Possessing Four or More Ounces (§ 3(e))
The bill establishes the following penalties for any person
possessing at least (1) four ounces of cannabis plant material or five
ounces in a locked container in the person’s residence or (2) an
equivalent amount of product or combined amount of plant material 2021SB-00888-R000569-BA.DOCX
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and product:
1. first offense: $500 fine and
2. second offense: class C misdemeanor, punishable by up to three
months in prison, a fine of up to $500, or both.
In addition, the court (1) must evaluate the person and (2) if it
determines that the person is drug dependent, may suspend
prosecution and order the person to undergo a treatment program.
The bill requires referral to a drug education program for anyone
who for a third time enters a no contest plea to, or is found guilty after
trial of, possessing these larger amounts. The person must pay for the
program.
The bill specifies that the penalties for larger amounts do not apply
to authorized possession by cannabis establishments or their
employees.
Driver’s License Suspension for Underage People (§ 115)
In addition to the penalties listed above, the bill requires the motor
vehicles commissioner to impose a 60-day suspension of the driver’s
license or nonresident operating privilege for anyone under age 21
convicted of possessing any amount of cannabis. Current law requires
this for underage people convicted of possessing less than ½ ounce of
cannabis.
Violations Subject to Infraction Procedures (§ 6)
For the above violations punishable by non-criminal fines, the bill
generally subjects the violations to the same procedures as those
governing infractions. Thus, someone who does not wish to contest the
fine may pay it by mail without a court appearance.
Under current law, someone who possesses up to ½ ounce of
cannabis may similarly pay the fine by mail without appearing in
court.
EFFECTIVE DATE: January 1, 2022, except for a conforming change 2021SB-00888-R000569-BA.DOCX
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regarding driver’s license suspensions, which is effective April 1, 2022.
§§ 4 & 115 — CANNABIS PARAPHERNALIA
For drug paraphernalia actions related to cannabis, (1) raises the threshold amount of
cannabis for which misdemeanor penalties apply and (2) for amounts below that threshold,
modifies the penalties for individuals under age 18
Current law prohibits the use, possession with intent to use,
manufacture, and other specified actions related to drug paraphernalia
in connection with illegal drugs, including cannabis. In general, these
actions are infractions if they relate to less than ½ ounce of cannabis or
misdemeanors if they relate to larger amounts. The bill raises the
threshold amount of cannabis for which the misdemeanor penalties
apply. For amounts below that threshold, it modifies the penalties if
the offender is under age 18.
Misdemeanor Penalties for Larger Amounts
Under current law, it is a:
1. class C misdemeanor to use or possess with intent to use drug
paraphernalia relating to ½ ounce or more of cannabis or
2. class A misdemeanor to deliver, possess with intent to deliver,
or manufacture with intent to deliver drug paraphernalia
relating to ½ ounce or more of cannabis.
Under the bill, these penalties instead apply to cannabis-related
drug paraphernalia actions except those involving (1) under four
ounces of plant material, or an equivalent amount of product or
combined amount, or (2) up to six plants in the person’s own residence
for personal use.
In addition, as under current law relating to more than ½ ounce,
there generally is a mandatory one-year minimum prison term if these
actions are committed within 1,500 feet of an elementary or secondary
school property by someone who is not a student there. The judge may
depart from this sentence under certain circumstances (CGS § 21a-
283a).
Penalties for Smaller Amounts 2021SB-00888-R000569-BA.DOCX
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Under current law, it is an infraction to (1) use or possess with
intent to use or (2) deliver, possess with intent to deliver, or
manufacture with intent to deliver, drug paraphernalia in connection
with less than ½ ounce of cannabis. The bill instead sets this threshold
at the amounts specified above (e.g., under four ounces of plant
material or six or fewer plants at home).
For these amounts, the bill retains the existing infraction penalty for
persons age 18 or older. For younger people, it applies the same
penalties as for cannabis possession of under four ounces. Thus, it (1)
prohibits the police from arresting anyone under age 18 for these
paraphernalia-related actions and (2) establishes the following
penalties:
1. first offense: a written warning and possible referral to a youth
services bureau or other appropriate services,
2. second offense: mandatory referral to a youth services bureau or
other appropriate services, and
3. third offense: adjudicated as delinquent in juvenile court.
As under current law for these offenses involving less than ½ ounce
of cannabis, the bill requires the motor vehicles commissioner to
impose a 60-day suspension of the driver’s license or nonresident
operating privilege for anyone under age 21 convicted of
paraphernalia-related offenses involving these amounts of cannabis
(e.g., under four ounces or six or fewer plants at home).
EFFECTIVE DATE: January 1, 2022, except for a conforming change
regarding driver’s license suspensions, which is effective April 1, 2022.
§ 5 — DELINQUENCY ADJUDICA TION FOR POSSESSION BY
JUVENILES
Prohibits minors from being adjudicated delinquent for certain cannabis-related offenses
Under current law, minors (age seven through 17) may be
adjudicated delinquent for, among other things, violating most state
laws, including laws prohibiting cannabis possession or drug- 2021SB-00888-R000569-BA.DOCX
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paraphernalia actions involving cannabis.
The bill prohibits minors from being adjudicated delinquent for
certain cannabis-related offenses. Specifically, it prohibits delinquency
adjudications for a first or second offense for the following:
1. possessing up to four ounces of cannabis or equivalent product
amounts or combined amounts or
2. drug paraphernalia actions related to under four ounces of
cannabis plant material (or equivalent product or combined
amounts) or six or fewer plants at home for personal use.
EFFECTIVE DATE: January 1, 2022
§ 7 — MEDICAL ASSISTANCE F OR CANNABIS -RELATED
DISTRESS
Generally prohibits prosecuting someone for cannabis possession or certain related
offenses if evidence was obtained through efforts to seek medical assistance for cannabis-
related medical distress
The bill generally prohibits prosecuting a person for illegal cannabis
possession or certain related offenses (e.g., possession with intent to
sell) based on discovery of evidence arising from efforts to seek
medical assistance for cannabis-related medical distress.
Specifically, it prohibits prosecuting someone who seeks or receives
medical assistance in good faith under the following scenarios:
1. when a person seeks assistance for someone else based on a
reasonable belief that the person is experiencing cannabis-
related medical distress,
2. when a person seeks medical attention based on a reasonable
belief that he or she is experiencing that distress, or
3. when another person reasonably believes that he or she needs
medical assistance.
“Good faith” does not include seeking medical assistance while law
enforcement officers are executing an arrest or search warrant or 2021SB-00888-R000569-BA.DOCX
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conducting a lawful search.
EFFECTIVE DATE: January 1, 2022
§§ 8 & 9 — CRIMINAL RECORD ERAS URE
Allows for petitions to erase records for cannabis-related convictions within a certain
period, including for possessing up to four ounces; using or possessing drug
paraphernalia; or selling, manufacturing, or related actions involving up to four ounces or
up to six plants grown in the person’s home for personal use; provides for automatic
erasure of convictions within a certain period for possessing less than four ounces of
cannabis or any quantity of non-narcotic or non-hallucinogenic drugs; makes certain
changes to existing laws on record erasure for any decriminalized offense
Under existing law, offenders convicted of acts that are
subsequently decriminalized may petition to have their records erased.
This includes convictions for possessing less than ½ ounce of cannabis,
which was decriminalized under state law in 2011 (see State v.
Menditto, 315 Conn. 861 (2015)). If petitioned, the court must order the
physical destruction of all related police, court, and prosecutor records.
The bill additionally allows anyone with certain cannabis-related
convictions to file a court petition for the records’ erasure, as shown in
the following table.
Cannabis-Related Convictions Eligible for Erasure Petition Under the Bill
Date of Conviction Offense
Before January 1, 2000,
or October 1, 2015 (see
Background) through
December 31, 2021
Possession of four ounces or less of cannabis
Before January 1, 2022 Use or possession with intent to use drug paraphernalia
in connection with cannabis use
Before January 1, 2022 Manufacturing, selling, possessing with the intent to sell,
and similar actions involving (1) four ounces or less of
cannabis or (2) six or fewer plants grown in the person’s
residence for personal use
Additionally, the bill provides for the automatic erasure of
convictions from January 1, 2000, through September 30, 2015, for 2021SB-00888-R000569-BA.DOCX
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possessing less than four ounces of cannabis or any amount of certain
other drugs. This automatic erasure provision does not apply to (1)
narcotics (e.g., heroin or cocaine) or (2) non-marijuana hallucinogens.
PA 11-71, effective July 1, 2011, decriminalized the possession of up
to ½ ounce of marijuana. Thus, possessing less than that amount since
then is not a crime and thus is not covered by the bill’s erasure
provisions. PA 11-71 similarly decriminalized paraphernalia-related
actions involving less than ½ ounce of marijuana, so these actions since
then are also not crimes and not covered by the bill.
The bill specifies that these erasure provisions (both those added by
the bill and the existing law on decriminalized offenses) do not apply
to court records and transcripts prepared by official court reporters,
assistant court reporters, and monitors. It also makes certain changes
to existing procedures for the erasure of decriminalized offenses.
EFFECTIVE DATE: July 1, 2022, except for the automatic erasure
provisions, which are effective July 1, 2023.
Petitions for Erasure of Certain Cannabis Possession,
Paraphernalia, Sale, and Related Convictions (§ 8)
Under the bill, a person seeking this erasure must file the petition
with the Superior Court (1) where the person was convicted, (2) that
has the conviction records, or (3) where venue would currently exist if
the conviction took place in a court that no longer exists (e.g., the Court
of Common Pleas). The bill bars the court from charging any fees for
these petitions.
The petitioner must include a copy of the arrest record or an
affidavit supporting that the conviction meets the bill’s requirements
set forth above (e.g., for possession convictions, that the amount was
four ounces of less). If the petition includes the required
documentation, the court must order the erasure of all related police,
court, and prosecutor records.
Under the bill, these provisions do not apply if the (1) criminal case
is pending or (2) person was charged with multiple counts, until all 2021SB-00888-R000569-BA.DOCX
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counts are entitled to destruction or erasure. But if there are multiple
counts, the court must direct the erasure of records of any offenses that
would otherwise be entitled to destruction under existing procedures.
Automatic Erasure of Certain Possession Convictions (§ 9)
The bill additionally provides for automatic erasure of the police,
court, and prosecutor records for certain drug possession convictions
from January 1, 2000, through September 30, 2015, as specified above.
Under the bill, if these records are electronic, they must be erased; if
they are not electronic, they are deemed erased by operation of law.
The bill specifies that scanned copies of physical documents are not
considered to be electronic records.
Under the bill, someone whose records are erased under these
provisions may represent to any entity, other than a criminal justice
agency, that he or she has not been arrested or convicted for the erased
conviction.
If the person was charged with multiple counts, these provisions do
not apply unless all counts are entitled to erasure, except that
electronic records, or portions of them, released to the public must be
erased to the extent they reference charges entitled to erasure.
The bill specifies that these provisions do not (1) limit any other
procedure for erasure of criminal history record information or (2)
prohibit someone from participating in those procedures, even if that
person’s records have been erased under the bill’s procedure.
The bill specifies that it does not require the Department of Motor
Vehicles (DMV) to erase criminal history record information from
operators’ driving records. It requires DMV, when applicable, to make
this information available through the Commercial Driver’s License
Information System.
These provisions also do not require criminal justice agencies to
partially redact any of their internal physical documents or scanned
copies of them. 2021SB-00888-R000569-BA.DOCX
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Petitions for Erasure of Convictions for Any Decriminalized
Offense (§ 8)
Under the bill, some of the above provisions on petitions to erase
cannabis convictions also apply to petitions to erase convictions for
any decriminalized offenses. These include the provisions (1)
specifying the court in which to file the petition if the convicting court
no longer exists, (2) prohibiting petitions while a case is pending, and
(3) establishing procedures for cases with multiple counts.
Background — 2015 Changes to Drug Possession Laws
Effective October 1, 2015, PA 15-2, §1, June Special Session, replaced
the prior penalty for drug possession crimes, which punished most
types of illegal drug possession as felonies. It created a new structure
that generally punishes possession of half an ounce or more of
cannabis, or any amount of another illegal drug, as a class A
misdemeanor.
§ 10 — RECORD PURCHASERS AN D DISCLOSURE
Extends certain requirements for public criminal record purchasers to cover records from
all criminal justice agencies, not just the judicial branch; sets a 30-day deadline for
purchasers to update their records after receiving information on certain records’ erasure
Current law establishes certain requirements that persons who
purchase public criminal records from the judicial branch must meet
before disclosing these records. The bill expands these provisions to
also cover records purchased from other criminal justice agencies (e.g.,
the State Police, DMV, or Department of Correction). It also specifies
that these requirements apply to background screening providers and
similar data-based services or companies, in addition to consumer
reporting agencies as under current law.
Under existing law, the judicial branch must make information
(such as docket numbers) on erased records available to these
purchasers, to allow them to identify and permanently delete these
records. Currently, before disclosing the records, the person must
purchase from the judicial branch any updated public criminal records
or information available to comply with the law, either on a monthly
basis or on another schedule the judicial branch establishes. As noted 2021SB-00888-R000569-BA.DOCX
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above, the bill extends these provisions to other criminal justice
agencies.
Current law also requires these purchasers to update their records
to permanently delete any erased records. The bill requires them to do
this within 30 days after receiving information on erased records.
As under existing law, the purchaser may not further disclose
erased records.
EFFECTIVE DATE: January 1, 2023
§ 11 — LEGAL PROTECTIONS FO R ESTABLISHMENTS,
EMPLOYEES, AND BACKE RS
Provides legal protections for cannabis establishments, and their employees and backers,
who comply with the bill’s requirements
The bill provides legal protections for cannabis establishments, or
their employees or backers, for various cannabis-related actions, as
long as they comply with requirements under the bill and related
regulations for that person’s license or registration type. These
protections apply regardless of conflicting statutes.
Specifically, the protections apply when these people or entities
acquire, distribute, possess, use, or transport cannabis or related
paraphernalia in their capacity as a cannabis establishment, employee,
or backer. They may not be arrested, prosecuted, or otherwise
penalized, including being subject to civil penalties, or denied any
right or privilege for these actions under the conditions described
above.
EFFECTIVE DATE: January 1, 2022
§ 12 — PROFESSIONAL LICENSING DENIALS
Limits when the state can deny a professional license because of certain cannabis-related
activity
Subject to the exceptions below, the bill prohibits state entities from
denying a professional license because of someone’s (1) employment
or affiliation with a cannabis establishment, (2) cannabis possession or
use that is legal under the bill or the medical marijuana law, or (3) 2021SB-00888-R000569-BA.DOCX
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conviction for possessing or using under four ounces of cannabis.
This does not apply if denying a license is required due to (1)
federal law, (2) an agreement between the federal government and the
state, or (3) a substantial risk to public health or safety.
EFFECTIVE DATE: January 1, 2022
§ 13 — RETURN OF SEIZED PRO PERTY
Requires the return of drug paraphernalia or other cannabis-related property seized from a
consumer for a suspected violation of the law on cannabis possession
The bill establishes when DCP, law enforcement, or court officials
must return drug paraphernalia or other cannabis-related property
that was seized from a consumer in connection with suspected illegal
possession of cannabis (e.g., possession over the bill’s limit).
Specifically, they must return it immediately upon a court’s
determination that the consumer’s cannabis possession did not violate
the bill. This can be shown by the prosecutor’s decision not to
prosecute, the dismissal of the charges, an acquittal, or another final
determination by a court that the consumer did not violate the bill’s
cannabis possession provisions.
EFFECTIVE DATE: January 1, 2022
§ 14 — CANNABIS GIFTS
Allows consumers to give cannabis or cannabis products to other consumers for free,
within the bill’s possession limit
The bill allows consumers (i.e., people age 21 or older) to give
cannabis or cannabis products to other consumers for free. This applies
as long as the transferor reasonably believes that the other person may
possess the cannabis or products without exceeding the bill’s
possession limit.
EFFECTIVE DATE: January 1, 2022
§ 15 — PENALTIES FOR ILLEGALLY GROWIN G OR SELLING
CANNABIS
Lowers the penalties for illegally growing up to six cannabis plants for personal use or
selling less than eight ounces 2021SB-00888-R000569-BA.DOCX
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Under current law, illegally manufacturing, selling, possessing with
intent to sell, or engaging in similar actions related to cannabis is
punishable (1) for a first offense, by up to seven years in prison, a fine
of up to $25,000, or both or (2) for a subsequent offense, by up to 15
years in prison, a fine of up to $100,000, or both.
As shown in the following table, the bill establishes lower penalties
for (1) growing up to six cannabis plants for personal use or (2) sales or
related actions involving less than eight ounces of cannabis, or an
equivalent product amount or combination of both.
Penalties for Growing up to Six Cannabis Plants or Selling Under Eight Ounces
Conduct Penalty Under the Bill
Growing up to six cannabis plants
in the person’s own residence, for
personal use
First offense: up to $500 fine
Second offense: class B misdemeanor (up to
six months in prison, up to $1,000 fine, or
both)
Growing up to six cannabis plants
outside the person’s own
residence, for personal use
First offense: class A misdemeanor (up to one
year in prison, up to $2,000 fine, or both)
Second offense: class E felony (up to three
years in prison, up to $3,500 fine, or both)
Manufacturing, selling, possessing
with intent to sell, or similar
actions involving less than eight
ounces of cannabis plant material
or an equivalent amount of
cannabis product or combined
amount
First offense: up to $500 fine
Second offense: class C misdemeanor (up to
three months in prison, up to $500 fine, or
both)
Under existing law, unchanged by the bill, additional penalties
apply for illegal cannabis sales or related actions in certain
circumstances. For example, there is a two-year mandatory prison
term, running consecutively to the term for the underlying crime (i.e.,
selling cannabis), if an illegal sale is by a non-drug-dependent person
to a minor at least two years younger (CGS § 21a-278a(a)).
EFFECTIVE DATE: January 1, 2022
§ 16 — PAROLE, SPECIAL PARO LE, OR PROBATION 2021SB-00888-R000569-BA.DOCX
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Limits when cannabis possession or use can be grounds to revoke parole, special parole, or
probation
The bill generally prohibits cannabis possession or use from being
grounds for revoking someone’s parole, special parole, or probation, as
long as the person complies with the bill’s requirements (i.e., the
possession limit and age restrictions) and the medical marijuana law.
But it allows for cannabis use to be grounds for revocation if a
person’s conditions of parole, special parole, or probation (1) include
an individualized finding that cannabis use would pose a danger to
the person or the public and (2) require the person to refrain from
cannabis use.
EFFECTIVE DATE: January 1, 2022
§ 17 — BAIL RELEASE CONDITIONS
Limits when the lawful use of intoxicating substances or drugs may be prohibited as a
condition of release on bail
Under current law, bail commissioners or intake, assessment, and
referral specialists may require an arrested person, as a condition of
release on bail, to refrain from using or possessing intoxicants or
controlled substances.
The bill instead allows this blanket restriction as a condition of
release only in the case of unlawful use or possession. Otherwise, it
allows bail commissioners to require the person, as a condition of
release, to refrain from using intoxicants or controlled substances only
if they make an individualized finding that the person’s use would be
dangerous to himself, herself, or the public. In making this finding,
they cannot consider the person’s prior arrests or convictions for
cannabis use or possession.
EFFECTIVE DATE: January 1, 2022
§ 18 — SEARCHES AND MOTOR VEHICLE STOPS
Limits when cannabis odor or possession can justify a search or motor vehicle stop
The bill generally provides that the following do not constitute (in
whole or part) probable cause or reasonable suspicion, and must not 2021SB-00888-R000569-BA.DOCX
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be used as a basis to support any stop or search of a person or motor
vehicle:
1. the possession or suspected possession of up to four ounces of
cannabis plant material (or an equivalent amount of product or
combined amount);
2. the presence of $500 or less in cash or currency near the
cannabis or product; or
3. the odor of cannabis or burnt cannabis.
But the bill allows law enforcement officers to conduct a test for
impairment based on this odor if the officer reasonably suspects that
the operator or passenger is violating the DUI laws (see below).
Under the bill, any evidence discovered through a stop or search
that violates these provisions is not admissible in evidence in any trial,
hearing, or other court proceeding.
EFFECTIVE DATE: January 1, 2022
§ 19 — BOARD OF EDUCATION POLICIES
Prohibits school board disciplinary policies from setting stricter penalties for violations
involving cannabis than for alcohol
By law, school boards must have policies for dealing with students’
use, sale, or possession of alcohol or drugs on school grounds. The
policies must conform with certain standards on private
communications between staff and students and must include a
process for referring students to appropriate agencies and for
cooperating with law enforcement.
The bill prohibits these policies from resulting in students facing
greater discipline, punishment, or sanctions for cannabis use,
possession, or sale than they would for alcohol.
EFFECTIVE DATE: October 1, 2021
§ 20 — DOMESTICATED ANIMALS 2021SB-00888-R000569-BA.DOCX
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Establishes penalties for feeding cannabis to domesticated animals
The bill makes it a class C misdemeanor to knowingly or recklessly
provide cannabis or cannabis products to a domesticated animal. A
class C misdemeanor is punishable by up to three months in prison, a
fine of up to $500, or both.
EFFECTIVE DATE: October 1, 2021
§ 21 — CANNABIS CONTROL COM MISSION
Establishes a three-member Cannabis Control Commission to establish guidelines for
cannabis business licensing
The bill establishes a three-member Cannabis Control Commission.
It requires the commission to establish guidelines for DCP’s licensing
of cannabis retailers, hybrid retailers, cultivators, micro-cultivators,
product manufacturers, food and beverage manufacturers, product
packagers, and delivery services.
Under the bill, the commission includes (1) the DCP commissioner,
who serves as the commission’s chairperson, and (2) two other
members appointed by the governor. The appointed members’ terms
coincide with the governor’s term or end when a successor is chosen,
whichever is later.
The commissioners must take the oath prescribed for executive
officers, and no more than two of them may be members of the same
political party.
The governor must fill any vacancy for the unexpired portion of the
term and may remove any commissioner through the existing
procedures for removing an officer, commissioner, or deputy.
EFFECTIVE DATE: Upon passage
§ 22 — SOCIAL EQUITY COUNCIL
Establishes a Social Equity Council to promote and encourage full participation in the
cannabis industry by people from communities disproportionately harmed by cannabis
prohibition
The bill establishes a 13-member Social Equity Council to be
administered by the Cannabis Control Commission. 2021SB-00888-R000569-BA.DOCX
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Council Membership and Administration
Under the bill, the council’s membership includes the DCP,
Department of Revenue Services (DRS), and Department of Economic
and Community Development (DECD) commissioners and the OPM
secretary, or their designees.
The council also includes nine appointed members, as shown in the
following table.
Social Equity Council Appointed Members
Appointing Authority Appointee Qualifications
House speaker Professional background of at least five years working
in social justice or civil rights
Senate president pro
tempore
Professional background of at least five years working
in social justice or civil rights
House majority leader Professional background of at least five years working
in economic development to help minority-owned
businesses
Senate majority leader Professional background of at least five years in
providing access to capital to racial and ethnic
minorities or women
House minority leader Professional background of at least five years working
in economic development
Senate minority leader Professional background of at least five years in
providing access to capital to racial and ethnic
minorities or women
Black and Puerto Rican
Caucus
Unspecified qualifications
Governor Two appointees, each from communities that have
been disproportionately harmed by cannabis
prohibition and enforcement
The bill requires these appointing authorities to use their best efforts
to make appointments that reflect the state’s racial, gender, and
geographic diversity. They must make the appointments within 30
days after the bill’s passage. The governor appoints a council
chairperson from among its members. 2021SB-00888-R000569-BA.DOCX
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Under the bill, the governor’s appointees serve four-year terms and
the other appointees serve three-year terms. The appointing authority
must fill any vacancy for the unexpired term. A majority of the
council’s members constitutes a quorum.
The bill provides that the council’s members are not paid for their
service, but within available appropriations, they must be reimbursed
for their necessary expenses.
Council Responsibilities
The bill requires the Social Equity Council to promote and
encourage full participation in the cannabis industry by people from
communities disproportionately harmed by cannabis prohibition and
enforcement.
It requires the council, within 45 days after the bill’s passage, to
establish criteria for proposals for an independent third party to
conduct a study and provide detailed findings of fact on specified
matters. The OPM secretary must post the request for proposals on the
State Contracting Portal.
The study and findings must address the following issues, in
relation to Connecticut:
1. historical and current social, economic, and familial
consequences of cannabis prohibition, the criminalization and
stigmatization of cannabis use, and related public policies;
2. historical and current structures, patterns, causes, and
consequences of intentional and unintentional racial
discrimination and disparities in the development, application,
and enforcement of this prohibition and related public policies;
3. foreseeable long-term social, economic, and familial
consequences of unremedied past racial discrimination and
disparities arising from past and continued cannabis
prohibition, stigmatization, and criminalization; 2021SB-00888-R000569-BA.DOCX
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4. existing patterns of racial discrimination and disparities in
access to entrepreneurship, employment, and other economic
benefits arising in the state’s medical marijuana sector; and
5. any other matters that the council deems relevant and feasible
to study for making reasonable and practical recommendations
for establishing an equitable and lawful adult-use cannabis
business sector.
By November 15, 2021, and taking into account the study’s results,
the council must make recommendations to the governor and the
Finance, Revenue and Bonding, General L aw, and Judiciary
committees for legislation to implement these social equity provisions.
The recommendations must address:
1. creating programs to ensure that individuals from
disproportionately harmed communities have equal access to
cannabis establishment licenses;
2. specifying additional qualifications for social equity applicants;
3. providing for expedited or priority license processing for social
equity applicants for retailer, hybrid retailer, cultivator, micro-
cultivator, product manufacturer, food and b everage
manufacturer, product packager, and delivery service licenses;
4. establishing minimum criteria for cannabis establishments
licensed on or after January 1, 2022, that are not owned by a
social equity applicant to comply with an approved plan to
reinvest or provide jobs and training opportunities for
individuals in disproportionately affected communities;
5. recruiting individuals from these communities to the workforce
training program established under the bill (see § 39 below);
6. developing an objective scoring system for evaluating final
license applications to ensure cannabis establishments are
furthering equity; 2021SB-00888-R000569-BA.DOCX
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7. potential uses for revenue generated under the bill to further
equity;
8. encouraging participation by investors, cannabis
establishments, and entrepreneurs in the cannabis business
accelerator program established under the bill (see § 38 below);
9. establishing a process to best ensure that social equity
applicants have access to the capital and training needed to own
and operate cannabis establishments; and
10. developing a vendor list of women- and minority-owned
businesses that cannabis establishments may contract with for
necessary services, such as office supplies, information
technology infrastructure, and cleaning services.
EFFECTIVE DATE: Upon passage
§ 23 — CANNABIS ARREST AND CONVICTION DATA
Requires the Social Equity Council to report on cannabis arrest and conviction data
The bill requires the Social Equity Council, by October 1, 2023, to
report to the governor and Judiciary Committee on arrest and
conviction data for cannabis possession, including a breakdown by
town, race, gender, and age.
EFFECTIVE DATE: Upon passage
§ 24 — AGE REQUIREMENTS
Requires individuals to be at least (1) age 21 to hold any cannabis establishment license or
be a backer or key employee and (2) age 18 to be employed at a cannabis establishment
The bill requires individuals to be at least age 21 to (1) hold any
cannabis establishment license or (2) be a backer or key employee of a
cannabis establishment.
It requires individuals to be at least age 18 to (1) be a cannabis
establishment employee or (2) be employed by a cannabis
establishment or licensee.
EFFECTIVE DATE: July 1, 2021 2021SB-00888-R000569-BA.DOCX
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§ 24 — REGISTRATION OR LICENSE REQUIRED
Generally requires all cannabis establishment employees, key employees, and backers to
obtain a DCP registration or license, as applicable
The bill generally requires all cannabis establishment employees,
key employees, and backers to obtain a DCP registration or license, as
applicable, in a manner the DCP commissioner prescribes. The bill
exempts:
1. delivery service employees that do not (a) transport, store, or
distribute, or have access to cannabis or cannabis products and
(b) engage in security controls or contract management with
other cannabis establishments;
2. product packager employees who do not (1) have access to
cannabis or cannabis products, or (2) engage in the physical
packaging, security controls, or contract management with
other cannabis establishments; and
3. other employee categories the commissioner determines,
provided that key employees are not exempt from registration
or licensure requirements.
EFFECTIVE DATE: July 1, 2021
§ 25 — ADVERSE ACTION DUE T O FEDERAL LAW PROHIB ITED
Prohibits agencies or political subdivisions of the state from relying on a federal law
violation related to cannabis as the sole basis for taking an adverse action against a person;
prohibits law enforcement officers from assisting a federal operation if the activity
complies with the bill’s provisions; specifies that it is Connecticut’s public policy that
contracts related to operating cannabis establishments are enforceable
Under the bill, no agency or political subdivision of the state (e.g.,
municipality) may rely on a federal law violation related to cannabis as
the sole basis for taking an adverse action against a person.
Under the bill, it is Connecticut’s public policy that (1) contracts
related to operating cannabis establishments are enforceable and (2) no
contract entered into by a licensed cannabis establishment or its agents
as authorized under the license, or by those who allow the
establishment to use the property, its employees, or its agents as 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 41 4/22/21
authorized under the license, be unenforceable on the basis that
cultivating, obtaining, manufacturing, distributing, dispensing,
transporting, selling, possessing, or using cannabis is prohibited by
federal law.
The bill prohibits, under certain circumstances, law enforcement
officers employed by an agency that receives state or local government
funds from expending resources, including the officer’s time, to (1)
effect any arrest or seizure of cannabis, or conduct any investigation,
or (2) provide information or logistical support to a federal law
enforcement authority or prosecuting entity. These actions are
prohibited if (1) they are solely based on an activity that the officer
believes constitutes a federal law violation and (2) the officer has a
reasonable belief that the activity complies with the bill’s recreational
cannabis licensure provisions or medical marijuana laws.
EFFECTIVE DATE: July 1, 2021
§ 26 — MEDICAL MARIJUANA PR ODUCER EXPANDED
ACTIVITIES
Allows medical marijuana producers to expand their license to include certain recreational
cannabis-related activities, upon DCP authorization
Under the bill, in addition to the permitted activities under the
medical marijuana laws, a producer may expand its license and be
authorized to sell, deliver, transfer, or transport cannabis or cannabis
products using a delivery service or the producer’s own employees, to
cannabis establishments, upon DCP’s written authorization. Producers
may not transport any cannabis or cannabis products to consumers,
patients, or caregivers directly or through a delivery service.
The authorization may be granted only after (1) DCP receives a
complete license expansion application on a DCP-prescribed form, (2)
the producer submits and DCP approves a medical cannabis
preservation plan to ensure against supply shortages of medical
marijuana product, and (3) payment of the $750,000 license expansion
fee for producers to engage in the adult use cannabis market.
EFFECTIVE DATE: July 1, 2021 2021SB-00888-R000569-BA.DOCX
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§ 26 — PERMITTED CANNABIS -RELATED ACTIVITIES B Y
SPECIFIED ENTITIES
Specifies only certain entities may deliver, sell, or offer cannabis to consumers, patients, or
caregivers
Except as allowed under the dependency-producing drug and
medical marijuana laws, the bill prohibits anyone other than (1) a
retailer, hybrid retailer, micro-cultivator, or delivery service, or their
employees in the course of their employment, from delivering, selling,
or offering cannabis or cannabis products to a consumer and (2) a
hybrid retailer, dispensary facility, or delivery service, or their
employees in the course of their employment, from delivering, selling,
or offering cannabis or cannabis products to qualifying patients and
caregivers.
EFFECTIVE DATE: July 1, 2021
§ 27 — INTERSTATE SALES AND TRANSFERS PROHIBITED
Prohibits cannabis establishments from taking actions outside Connecticut if they violate
federal law
The bill prohibits a cannabis establishment from selling or obtaining
cannabis or cannabis products from a location outside the state, or
otherwise transferring them to or from such a location, if the activity
would violate federal law.
EFFECTIVE DATE: July 1, 2021
§ 28 — PAYMENT FOR PROMOTIO N AND EXCLUSIVE
CONTRACTS PROHIBITED
Prohibits retailers from (1) accepting payment from certain entities to place or promote
their product and (2) entering into exclusive contracts
The bill prohibits cannabis retailers or hybrid retailers from
accepting payment or other forms of compensation from a cultivator,
micro-cultivator, producer, food and beverage manufacturer, or
product manufacturer to carry a cannabis product or for placing or
promoting a product in the retail location. It also prohibits these
retailers from entering into exclusive or near exclusive contracts with
these entities or other contracts that limit the retailer from purchasing
from other entities. 2021SB-00888-R000569-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 28 — SALES OF CANNABIS IN TENDED FOR ANIMAL US E
PROHIBITED
Prohibits cannabis establishments from preparing or selling cannabis intended for animal
use
The bill prohibits cannabis establishments from producing,
manufacturing, or selling cannabis or cannabis products intended for
use or consumption by animals.
EFFECTIVE DATE: July 1, 2021
§ 28 — TRANSACTION LIMITS FOR CANNABIS
Limits the amount a customer may buy to one ounce; sets the limit at five ounces for a
qualifying patient or caregiver; allows the DCP commissioner to set lower limits
The bill generally prohibits a retailer or hybrid retailer from
knowingly selling to a customer more than one ounce of cannabis or
the equivalent amounts of cannabis product or a combination of both.
But the bill allows a hybrid retailer or dispensary facility to sell up to
five ounces to qualifying patients or caregivers per day. Regardless of
the Uniform Administrative Procedure Act’s (UAPA) requirements for
giving notice amending regulations, in order to avoid cannabis
shortages or address a public health and safety concern, the DCP
commissioner may set temporary lower per-transaction limits, which
must be published on DCP’s website. These limits become ineffective
six months after their publication or when the commiss ioner
determines that the shortage or concern no longer exists, whichever is
earlier.
EFFECTIVE DATE: July 1, 2021
§ 28 — CANNABIS ESTABLISHME NTS PROHIBITED FROM
HAVING LIVE CANNABIS PLANTS
Generally prohibits cannabis establishments from having live plants unrelated to their
licensed operations
The bill prohibits a cannabis establishment, except a producer,
cultivator, or micro-cultivator, from acquiring or possessing live
cannabis plants. 2021SB-00888-R000569-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 28 — CREDENTIAL ASSIGNMEN T PROHIBITED
Generally prohibits the assignment or transfer of a cannabis credential
The bill prohibits anyone issued a license or registration under the
bill from assigning or transferring it without the commissioner’s prior
approval.
EFFECTIVE DATE: July 1, 2021
§ 29 — REGISTRATION OR LICENSE REQUIRED
Requires cannabis establishment employees to be registered and backers or key employees
to be licensed; specifies certain crimes disqualify prospective licensees
The bill requires cannabis establishment employees, other than key
employees, to annually apply for and obtain a registration on a form
and in a manner the DCP commissioner prescribes. They must do so
before beginning their employment at the establishment.
The bill also requires a backer or key employee, or anyone
representing that they are one, to be licensed by DCP. These
individuals must apply for a license on a form and in a manner the
commissioner prescribes. The form may require the applicant to:
1. submit to a state and national criminal check (see also §§ 30 &
31), which may include a financial history check if the
commissioner requests it, to determine the applicant’s character
and fitness for the license;
2. provide information sufficient for DCP to assess whether the
applicant has an ownership interest in another cannabis
establishment, cannabis establishment applicant, or cannabis-
related business nationally or internationally; and
3. obtain any other information DCP determines is consistent with
the bill or the medical marijuana laws.
A backer or key employee must be denied a license if his or her
background check reveals a disqualifying conviction. Under the bill, a
“disqualifying conviction” is a conviction in the last 10 years that the 2021SB-00888-R000569-BA.DOCX
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state, another state, or the federal government has not pardoned, for
the following offenses:
1. money laundering in the first, second, or third degree (CGS §§
53a-276 to -278);
2. vendor fraud in the first, second, or third degree (CGS §§ 53a-
291 to -293);
3. insurance fraud (CGS § 53a-215);
4. forgery in the first or second degree (CGS §§ 53a-138 & -139);
5. filing a false record (CGS § 53a-142a);
6. certain bribery-related crimes (CGS §§ 53a-147 to -150, -152, -153
& -158 to -161);
7. certain tampering with or intimidating witnesses, jurors, or
evidence crimes (CGS §§ 53a-151, -151a, -154 & -155);
8. perjury or false statements (CGS §§ 53a-151, -156, -157a & -
157b);
9. certain crimes related to bids and kickbacks (CGS §§ 53a-161 to -
162);
10. telephone fraud in the first, second, third, or fourth degree (CGS
§§ 53a-125c to -125f);
11. identity theft in the first, second, or third degree (CGS § 53a-
129b to -129d);
12. conspiracy or criminal attempt, if the offense which is
attempted or is an object of the conspiracy is one of the offenses
listed above (CGS §§ 53a-48 & -49);
13. willfully delivering or disclosing certain tax forms that the
person knows to be fraudulent (CGS § 12-737(b)); or 2021SB-00888-R000569-BA.DOCX
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14. any law in another state or federal government that has
elements that are substantially similar to the offenses listed
above.
Under the bill, anyone who receives a cannabis establishment,
backer, or key employee license or employee registration must provide
written notice to DCP about any changes to the information supplied
on the application within five business days after the change.
EFFECTIVE DATE: July 1, 2021
§§ 30 & 31 — CRIMINAL HISTORY CHECKS
Requires initial backers and key employees to submit to criminal history checks before
getting their license
On and after July 1, 2021, the bill generally requires the DCP
commissioner to require that each applicant for an initial backer or key
employee license submit to fingerprint-based state and national
criminal history checks before issuing the license. These checks must
be conducted under the state’s criminal history record checks law. The
commissioner may require a backer or key employee to comply with
the same requirements before renewing the license. The bill requires
DCP to charge the applicant a fee equal to the cost.
Instead of the requirements above, the bill allows the commissioner
to accept an initial backer or key employee applicant’s submission of a
third-party local and national criminal background check that includes
a multistate and multi-jurisdiction criminal record locator or similar
commercial nationwide database with validation, and other
background screening the commissioner may require. The bill requires
any of these checks to be conducted by a third-party consumer
reporting agency or background screening company that complies
with the federal Fair Credit Reporting Act and is accredited by the
Professional Background Screening Association.
EFFECTIVE DATE: July 1, 2021
§ 32 — IMPLEMENTING REGULAT IONS AND POLICIES AN D
PROCEDURES 2021SB-00888-R000569-BA.DOCX
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Requires the commissioner to adopt regulations and policies and procedures on various
cannabis issues (e.g., appropriate serving size, labeling and packaging, consumer health
materials, laboratory standards, certain prohibitions regarding minors, certain supply
requirements, and product registration)
The bill requires the DCP commissioner to adopt regulations to
implement the bill’s provisions. Regardless of the UAPA’s regulation
adoption process, in order to effectuate the bill’s purposes and protect
public health and safety, before adopting the required regulations, the
commissioner must issue policies and procedures to implement the
bill’s provisions. These policies and procedures have the force and
effect of law.
At least 15 days before the policies and procedures are effective, the
bill requires the commissioner to post them on DCP’s website and
submit them to be posted on the Secretary of the State’s (SOTS)
website. A policy or procedure is no longer effective once SOTS
codifies the final regulation or, if the regulations have not been
submitted to the Regulations and Review Committee, starting 48
months after this provision’s effective date, whichever occurs earlier.
The bill requires the commissioner to issue policies and procedures
and then final regulations that:
1. set appropriate dosage, potency, concentration, and serving size
limits and delineation requirements for cannabis and cannabis
products, as long as a standardized serving of edible cannabis
product or beverage contains no more than five milligrams of
THC;
2. require each single standardized serving of cannabis product in
a multi-serving edible product or beverage to be physically
demarked in a way that lets a reasonable person determine how
much is a single serving and a maximum THC amount per
multiple-serving edible cannabis product or beverage;
3. require that, if it is impracticable to clearly demark every
standardized cannabis product serving or make each
standardized serving easily separable in an edible cannabis 2021SB-00888-R000569-BA.DOCX
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product or beverage, the product must contain no more than
five milligrams of THC per unit of sale;
4. establish consumer health materials, in consultation with the
Department of Mental Health and Addiction Services
(DMHAS), that must be posted or distributed, as the DCP
commissioner specifies, by cannabis establishments to maximize
dissemination to cannabis consumers (these may include
pamphlets, packaging inserts, signage, online advertisements,
and advisories, and printed health materials must be provided
to all consumers under age 25);
5. establish laboratory testing standards;
6. restrict forms of cannabis products and their delivery systems to
ensure consumer safety and deter public health concerns;
7. prohibit adding flavoring to certain cannabis products,
including any cannabis product that is combusted, aerosolized,
or vaporized;
8. prohibit product types that appeal to children;
9. establish physical and cyber security requirements related to
build out, monitoring, and protocols for cannabis
establishments as requirements for licensure;
10. place temporary limits on cannabis and cannabis product sales
in the adult-use market, if the commissioner deems appropriate
and necessary to respond to product shortages for qualifying
patients;
11. require retailers and hybrid retailers to make best efforts to
provide access to (a) low-dose THC products, including
products that have one milligram and 2.5 milligrams of THC
per dose, and (b) high-dose cannabidiol (CBD) products; and
12. require producers, cultivators, micro-cultivators, product
manufactures, and food and beverage manufacturers to register 2021SB-00888-R000569-BA.DOCX
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brand names for cannabis and cannabis products under the
procedures and subject to the fees in the medical marijuana law.
The commissioner must also impose policies and procedures and
then regulations on labeling and packaging requirements for cannabis
and cannabis products a cannabis establishment sells. These must
include:
1. a universal symbol to indicate that a product contains cannabis,
and prescribe how the product and packaging must use and
exhibit the symbol;
2. a disclosure about how long it typically takes for the cannabis or
cannabis product to affect an individual, including that certain
forms take longer to have an affect;
3. a notation of the amount of cannabis the cannabis product is
considered equivalent to;
4. a list of ingredients and all additives for cannabis and cannabis
products;
5. child-resistant packaging;
6. product tracking information sufficient to determine where and
when the cannabis was grown and manufactured so that a
product recall could be effectuated;
7. a net weight statement;
8. a recommended use by or expiration date; and
9. standard and uniform packaging and labeling, including
requirements that all packaging is opaque and on branding or
logos.
EFFECTIVE DATE: Upon passage
§ 33 — CERTAIN ADVERTISEMEN TS PROHIBITED 2021SB-00888-R000569-BA.DOCX
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Prohibits cannabis establishments from advertising in certain ways (e.g., targeting those
under age 21, representing that cannabis has therapeutic effects, sponsoring certain
events, and advertising near certain schools); requires a warning regarding under age 21
cannabis use
The bill prohibits cannabis establishments from:
1. advertising cannabis or cannabis products and paraphernalia in
ways that target or are designed to appeal to those under the
legal age (21) to purchase cannabis (this includes having
spokespersons or celebrities who appeal to these underage
individuals; depicting anyone under age 21 consuming cannabis
or cannabis products; including objects such as toys, characters,
or cartoon characters suggesting underage individuals are
present; or any other depiction designed to appeal to someone
under age 21);
2. engaging in advertising unless the advertiser has reliable
evidence that at least 90% of the advertisement’s audience is
reasonably expected to be age 21 or older;
3. engaging in advertising or marketing directed toward location-
based devices, including cellphones, unless the marketing is a
mobile device application that the owner, who is age 21 or
older, installed on the phone and includes a permanent and
easy opt-out feature and warnings that use of cannabis and
cannabis products is restricted to those age 21 and older;
4. advertising cannabis or cannabis products in a manner that
represents the product as having curative or therapeutic effects,
or making medical claims or promoting cannabis for wellness
purposes, unless the claims are substantiated in the medical
marijuana regulations or a licensed pharmacist verbally conveys
it during the course of business in a hybrid retail or dispensary
facility;
5. sponsoring charitable, sports, musical, artistic, cultural, social,
or other similar events or advertising at or in connection with
these events, unless the sponsor or advertiser has reliable 2021SB-00888-R000569-BA.DOCX
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evidence that not more than 10% (a) of the in-person audience is
reasonably expected to be under age 21 and (b) of the audience
that will watch, listen, or participate in the event is expected to
be under age 21;
6. advertising cannabis or cannabis products or paraphernalia in
any physical form visible to the public within 500 feet of
elementary or secondary school grounds;
7. cultivating cannabis or manufacturing cannabis products for
distribution outside of Connecticut in violation of federal law;
and
8. exhibiting within or on the outside of the cannabis
establishment or including in any advertisement the words
“drug store,” “pharmacy,” apothecary,” “drug,” “drugs,” or
“medicine shop,” or any combination of these terms or other
words, displays, or symbols indicating that the business is a
pharmacy.
The bill requires cannabis establishments’ advertisements to have
the following warning: “Do not use cannabis if you are under twenty-
one years of age. Keep cannabis out of the reach of children.” For print
or visual mediums, the warning must be easily legible and take up less
than 10% of the advertisement space. For an audio medium, the
warning must be at the same speed as the rest of the advertisement
and be easily intelligible.
EFFECTIVE DATE: January 1, 2022
§ 33 — BRAND NAME REGISTRAT ION PROHIBITED
Prohibits DCP from registering certain cannabis brands if they are similar to existing or
unlawful products or previously approved cannabis brands
The bill prohibits DCP from registering any cannabis brand name
that is:
1. identical or confusingly similar to the name of an existing non-
cannabis product or unlawful product or substance; 2021SB-00888-R000569-BA.DOCX
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2. confusingly similar to the name of a previously approved
cannabis brand name;
3. obscene or indecent; and
4. customarily associated with individuals under age 21.
EFFECTIVE DATE: January 1, 2022
§§ 34 & 35 — APPLICATION TYPES AN D FEES
Allows DCP to accept social equity applications beginning July 1, 2021, and other
applications beginning January 1, 2024; sets application fees
Starting July 1, 2021, the bill allows DCP to accept applications from
social equity applicants for the following licenses:
1. retailer,
2. hybrid retailer,
3. cultivator,
4. micro-cultivator,
5. product manufacturer,
6. food and beverage manufacturer,
7. product packager, and
8. delivery service.
On the same date, DCP may also accept applications from (1)
medical marijuana dispensary facilities to convert their license to a
hybrid-retailer and (2) producers for authorization to expand their
license to engage in the adult use cannabis market. Starting January 1,
2024, DCP may accept applications from anyone.
The DCP commissioner must prescribe the form and manner of
application, in consultation with the Cannabis Control Commission.
DCP must post on its website the application period for each license
type. DCP may consider complete and timely applications. 2021SB-00888-R000569-BA.DOCX
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Before DCP starts accepting applications for a license type, it must,
in consultation with the commission, determine the maximum number
of applications that will be considered for that license type and post
the information on its website. DCP must reserve 40% of the maximum
number of applications that must be considered for eligible license
types for social equity applicants.
Fees
Under the bill, the following fees must be paid by each applicant
(unless they are a social equity applicant, see below):
1. a retailer or hybrid retailer fee or product packager fee to enter
the lottery is $500, the fee for a provisional license is $5,000, and
the fee for a final license is $25,000;
2. a cultivator fee to enter the lottery is $1,000, the fee for a
provisional license is $25,000, and the fee for a final license is
$75,000;
3. a micro-cultivator fee to enter the lottery is $250, the fee for a
provisional license is $500, and the fee for a final license is
$1,000;
4. a product manufacturer fee to enter the lottery is $750, the fee
for a provisional license is $5,000, and the fee for a final license
is $25,000; and
5. a food and beverage manufacturer fee or delivery service fee to
enter the lottery is $250, the fee for a provisional license is
$1,000, and the fee for a final license is $5,000.
Under the bill, the license fee for a backer or key employee is $100;
employee registrations for others are $50. The license conversion fee
for a dispensary facility to become a hybrid retailer is $250,000. The
license expansion fee for a producer to engage in the adult use
cannabis market is $750,000.
The bill requires any fee DCP collects to be paid to the State 2021SB-00888-R000569-BA.DOCX
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Treasurer and credited to the General Fund, but the conversion and
expansion fees must be deposited in the cannabis social equity account
(see below).
EFFECTIVE DATE: July 1, 2021
§§ 34 & 35 — SOCIAL EQUITY PROVISIONS
Allows social equity applicants to pay 50% of most fee amounts; establishes the cannabis
social equity account; requires the Social Equity Council to review certain information on
equity applications
Fees
Under the bill, a social equity applicant must pay 50% of any of the
fee amounts listed above (§ 34), except the applicant must pay the full
amount for conversion and expansion fees.
Cannabis Social Equity Account
The bill establishes the “cannabis social equity account,” as a
separate, non-lapsing General Fund account. The account must contain
any money the law requires to be deposited in it, including conversion
and expansion fees. The Cannabis Control Commission must use the
money for the cannabis business accelerator program (see § 38, below)
and the workforce training program (see § 39, below).
Social Equity Council Application Review
The bill requires the Social Equity Council to review the ownership
and demographic information in the applications for the micro-
cultivator, food and beverage manufacturer, and delivery service
license types, if the applicant designates it for the council to review, to
identify eligible social equity applicant applications. The council must
define majority ownership and the documentation needed to establish
such ownership and residency. The bill prohibits providing the council
with identifying information beyond what is needed to establish social
equity status.
Lottery
Under the bill, social equity applications are entered into the lottery
for the applicable license type, and if applicable, into the separate and
distinct social equity application lottery for the license type. However, 2021SB-00888-R000569-BA.DOCX
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the maximum license award restrictions apply, and a single
application is not eligible for more than one provisional license.
EFFECTIVE DATE: July 1, 2021
§ 35 — LOTTERY AND APPLICAT ION RANKING
Sets procedure for putting applicants in a license lottery, which must be conducted by a
third-party lottery operator
Under the bill, if the application period for a license type closes and
DCP received more than the maximum number of applications, a
third-party lottery operator must conduct a lottery to select
applications for DCP-review. If an application period closes and the
Social Equity Council has identified more qualifying social equity
applicants than the number allocated to be reserved, a third-party
lottery operator must conduct a lottery to select applications for DCP
and the council to review.
The third-party operator must:
1. not be given any application received after the application
period closed;
2. give equal weight to every complete application submitted
during the application period; and
3. conduct an independent lottery for each license type (the same
applies to the social equity lottery) that results in each
application being randomly ranked starting with one and
continuing sequentially.
The third-party operator must also identify for DCP all applicants to
be considered, which must consist of the applications ranked
numerically. If DCP determined that it would review 10 applications
for a license type, the lottery must identify the applications ranked 1 to
10. DCP may only review and issue licenses to applications selected
through the lottery.
Under the bill, a “third-party lottery operator,” means a person, or a
state higher education institution, that conducts the initial selection of 2021SB-00888-R000569-BA.DOCX
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cannabis establishment applicants from the lottery and has no direct or
indirect oversight of or investment in a cannabis establishment.
The bill requires the third-party lottery operator to rank all
applications numerically, including those that exceed the number to be
considered. The bill does not prevent the (1) operator from providing
the numerical rankings of all applications for each license type for
which the lottery is performed or (2) department from obtaining the
numerical rankings of all applications for each license type for which a
lottery was performed.
EFFECTIVE DATE: July 1, 2021
§ 35 — REVIEW FOR DISQUALIFYING CONDITIONS
Requires DCP and the council to review applications selected through the lottery
Under the bill, upon being notified by the third-party lottery
operator of the applications chosen for review, DCP must review each
application to confirm it is complete and determine whether any
application:
1. includes a backer with a disqualifying conviction or would
result in common ownership in violation of the cap the bill sets,
or
2. has a backer who individually or in connection with a cannabis
business in another state or country has an administrative
finding or judicial decision that may substantively compromise
the cannabis program’s integrity, as DCP determines, or that
precludes its participation in the state’s cannabis program.
Concurrently, the bill requires the Social Equity Council to also
review social equity applicants’ applications for completeness and to
determine whether the applicant’s majority ownership meets the
applicable criteria. If the number of applications submitted is equal to
or less than the maximum number posted on DCP’s website, the
department may immediately begin to review the applications without
using a lottery process. 2021SB-00888-R000569-BA.DOCX
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Denied Applications
Under the bill, if an applicant or a single backer of an applicant is
disqualified because of the criteria set above, the entire application
must be denied, and the denial is DCP’s final decision, provided:
1. backers of the applicant entity named in the lottery application
submission may be removed before submitting a final license
application, and
2. no additional backers may be added to a cannabis establishment
application between lottery entry and when a final license is
awarded to the cannabis establishment.
If the applicant removes a backer that would cause the applicant to
be denied, then the applicant entity must not be denied a license for
that reason, if the backer is removed within 30 days after DCP’s notice
about the backer’s disqualification. Within 30 days after serving denial
notice to the applicant, the applicant may appeal to Superior Court
under the UAPA.
If an application is disqualified as described above, the bill allows
DCP to request that the lottery identify the next-ranked application in
the applicable lottery. This process may continue until the department
has identified for further consideration the number of applications
equivalent to the maximum number on its website. If the number of
applications remaining is less than the maximum number posted, DCP
may reopen the application period or award fewer licenses.
EFFECTIVE DATE: July 1, 2021
§ 35 — PROVISIONAL LICENSES
Requires DCP to issue provisional licenses, valid for 14 months, if an application is not
disqualified; provisional license does not allow licensee to begin cannabis-related
operations
Application
The bill requires that all applicants selected in the lottery and not
disqualified be provided a provisional license application, which must
be submitted in a form and manner the commissioner prescribes. 2021SB-00888-R000569-BA.DOCX
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Applicants must complete their application within 60 days after they
receive it and the right to apply for a provisional license is
nontransferable.
Review and Issuance
Upon receiving an applicant’s provisional application, DCP must
review it for completeness and confirm that all information provided is
acceptable and complies with applicable requirements and regulations,
if adopted.
Under the bill, if a provisional application meets the standards, the
applicant must be provided a provisional license, which is
nontransferable. If the application does not meet the standards or is
not completed within 60 days, the applicant must not receive a
provisional license. DCP’s decision not to award a provisional license
is final but may be appealed under the UAPA. The bill specifies that
nothing in this provision prevents a provisional applicant from
applying for a future lottery.
A provisional license expires after 14 months and is not renewable.
A provisional licensee may apply for a final license during the initial
application period.
EFFECTIVE DATE: July 1, 2021
§ 35 — FINAL LICENSE
Specifies information that must be submitted as part of an application
The bill requires final license applications to be submitted on a form
and in a manner the DCP commissioner approves and must include
the information required before, as well as evidence of the following:
1. a contract with an approved seed-to-sale vendor in accordance
with the bill’s provisions;
2. a right to occupy the location where the cannabis establishment
will be located;
3. any necessary local zoning approval for the cannabis 2021SB-00888-R000569-BA.DOCX
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establishment;
4. a social equity plan;
5. written policies for preventing diversion and misuse of cannabis
and sales to underage persons;
6. all other security requirements set forth by the department
based on the specific license type; and
7. a labor peace agreement entered into between the cannabis
establishment and a bona fide labor organization.
Under the bill, a “labor peace agreement” is an agreement between
a cannabis establishment and a bona fide labor organization that
protects the state’s interests by, at minimum, prohibiting the labor
organization from engaging in picketing, work stoppages, or boycotts
against the cannabis establishment. A “bona fide labor organization” is
a labor union (1) that represents employees in the state with regard to
wages, hours, and working conditions; (2) whose officers have been
elected by a secret ballot or in a manner consistent with federal law; (3)
that is free of employer domination or interference; (4) that has
received no improper assistance or support from an employer; and (5)
that is actively seeking to represent cannabis workers in the state.
The bill allows DCP, at any point before the provisional license
expires, to award a provisional licensee a final license for the license
type for which the licensee applied. Prior to receiving final license
approval, a provisional licensee must not possess, distribute,
manufacture, sell, or transfer cannabis. In addition, DCP may conduct
a site inspection before issuing a final license.
The bill allows a cannabis establishment to begin operations at any
time after receiving a final license, if all other requirements for opening
a business comply with state law, all employees have been registered,
and all key employees and backers have been licensed.
EFFECTIVE DATE: July 1, 2021 2021SB-00888-R000569-BA.DOCX
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§ 36 — CHANGE IN OWNERSHIP REGULATIONS
Requires the Cannabis Control Commission to adopt regulations to prevent changes of
social equity ownership within three years of license issuance
The bill requires the Cannabis Control Commission to adopt
regulations to prevent the sale or change in ownership of a producer,
dispensary facility, cultivator, micro-cultivator, retailer, hybrid retailer,
food and beverage manufacture, product manufacturer, product
packager, or delivery service license awarded to a social equity
applicant for three years after issuance, unless the backer has died or
become seriously ill. If the licensee is unable to successfully operate,
the license reverts to the state.
EFFECTIVE DATE: July 1, 2021
§ 37 — CANOPY REGULATIONS
Requires the Cannabis Control Commission to adopt regulations to establish the
maximum canopy space a cultivator or micro-cultivator may use
The bill requires the Cannabis Control Commission to adopt
regulations to establish the maximum canopy space allowed for a
cultivator and micro-cultivator. “Canopy space” is the surface area
used to produce mature marijuana plants calculated in square feet and
measured using the outside boundaries of any area that includes
mature marijuana plants, including all the space within the
boundaries.
The bill requires the canopy space’s square footage to be measured
horizontally starting from the outermost point of the farthest mature
flowering cannabis plant in a designated growing space and
continuing around the outside of all mature flowering cannabis plants
within the designated growing space. If growing spaces are stacked
vertically, each level of space must be measured and included as part
of the total canopy space measurements. In adopting these regulations,
the commission must seek to ensure an adequate supply of cannabis
for the market.
EFFECTIVE DATE: July 1, 2021
§ 38 — CANNABIS BUSINESS AC CELERATOR PROGRAM 2021SB-00888-R000569-BA.DOCX
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Requires the Cannabis Control Commission to develop a cannabis business accelerator
program to provide technical assistance to accelerator licensees
The bill requires the Cannabis Control Commission, with the advice
of the Social Equity Council and in coordination with DECD, to
develop a cannabis business accelerator program to provide technical
assistance to accelerator licensees by partnering accelerator licenses
with a cannabis establishment. The commission may consult with a
state higher education institution in developing the program.
The bill allows any person who meets the criteria to apply for an
accelerator license. To qualify, an individual must:
1. have been, as an adult or juvenile, arrested for or convicted of,
the sale, possession, use, manufacture, or cultivation of
cannabis;
2. have a parent, spouse, or child who was, as an adult or juvenile,
arrested for or convicted of the sale, possession, use,
manufacture, or cultivation of cannabis;
3. have been a resident of a disproportionately a ffected
community for at least five of the 10 years immediately before
the application date; or
4. be a resident of tribal land.
Starting October 1, 2021, DCP may accept applications from
qualified individuals for the following license types: (1) accelerator
retailer, (2) accelerator cultivator, (3) accelerator product manufacturer,
(4) accelerator food and beverage manufacturer, and (5) accelerator
product packager.
Starting July 1, 2022, DCP may accept applications from (1) retailers,
(2) cultivators, (3) product manufacturers, (4) food and beverage
manufacturers, (5) product packagers, (6) hybrid-retailers, and (7)
micro-cultivators to partner with an accelerator licensee of the same
license type.
Under the bill, as part of the cannabis business accelerator program, 2021SB-00888-R000569-BA.DOCX
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accelerator licensees may be required to participate in training on
accounting methods, business services, how to access capital markets
and financing opportunities, and regulatory compliance. Social equity
applicants who have been awarded either a provisional or final license
for a cannabis establishment may participate in the training programs.
The commission must facilitate opportunities for participants in the
cannabis business accelerator program to meet with potential
investors. An accelerator licensee who has partnered with an
establishment must be allowed the same privileges afforded the
cannabis establishment licensee.
The bill allows the commission to determine the duration and
number of accelerator licenses to award.
EFFECTIVE DATE: Upon passage
§ 39 — WORKFORCE TRAINING P ROGRAM
Requires the Cannabis Control Commission to develop a workforce training program
The bill requires the Cannabis Control Commission, in consultation
with the Social Equity Council and in coordination with DECD, to
develop a workforce training program to further equity goals, ensure
cannabis establishments have access to a well-trained employee
applicant pool, and support individuals who live in a
disproportionately affected community to find employment in the
cannabis industry. The commission may partner with the Workforce
Investment Boards and any higher education institution to develop the
program.
The commission must (1) consult with establishments on an
ongoing basis to develop workforce training programs that meet their
business needs and (2) as part of the required workforce training
program, develop a universal application for prospective enrollees in
the program.
Under the bill, workforce training program enrollees may opt to
have their information provided to establishments as prospective
employees upon completion. 2021SB-00888-R000569-BA.DOCX
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EFFECTIVE DATE: Upon passage
§ 40 — LICENSE AND OWNERSHI P LIMIT
Limits the number of licenses certain individuals may hold to two; limits how many
cannabis establishments for which an individual can serve as backer
From July 1, 2021, until June 30, 2025, the bill prohibits DCP from
awarding a cannabis establishment license to any lottery applicant
who, when the lottery is conducted, (1) has two or more licenses or (2)
includes a backer for two or more licensees in the same license type or
category for which the applicant has entered the lottery.
For the purposes of this limitation, the bill considers the following
licenses to be in the same category (1) retailers and hybrid retailers and
(2) producers, cultivators, and micro-cultivators.
Under the bill, applicants entering the lottery for a cannabis
establishment license on or before June 30, 2025, are disqualified if a
review of the business entity’s affiliations or those of any backer shows
that the applicant or its backers also have an ownership interest of 5%
or more in or managerial control over two other establishments with
the same license type or category.
The bill requires individuals applying for a backer license to be
denied if they exceed the ownership threshold the bill sets.
EFFECTIVE DATE: July 1, 2021
§§ 41-49 — DCP ISSUED LICENSES
Starting July 1, 2021, allows DCP to administer licenses for retailers, hybrid retailers,
food and beverage manufacturers, product manufacturers, product packagers, delivery
services, cultivators, and micro-cultivators; prohibits anyone from acting or representing
themselves as one of these licensees without obtaining a license; establishes licensure
requirements; allows dispensaries to convert to hybrid retailers and vice versa
Starting July 1, 2021, the bill allows DCP to administer licenses for
(1) retailers, (2) hybrid retailers, (3) food and beverage manufacturers,
(4) product manufacturers, (5) product packagers, (6) delivery services,
(7) cultivators, and (8) micro-cultivators. It prohibits anyone from
acting or representing themselves as any of these professions without
obtaining a DCP license. The bill establishes related licensure 2021SB-00888-R000569-BA.DOCX
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requirements (see §§ 34 & 35 for license fees).
Additionally, the bill:
1. allows a dispensary facility to convert its license to a hybrid
retailer license starting September 1, 2021;
2. prohibits a hybrid retailer from converting its license to a
retailer license, instead requiring it to apply for a retail license
through the DCP lottery application process; and
3. allows a hybrid retailer to convert its license to a dispensary
facility if it complies with applicable state laws and obtains DCP
approval.
EFFECTIVE DATE: July 1, 2021
Retailer and Hybrid Retailer Licenses (§§ 41-43)
The bill allows licensed retailers and hybrid retailers to:
1. obtain cannabis or cannabis products from a cultivator, micro-
cultivator, producer, product packager, food and beverage
manufacturer, product manufacturer, or delivery service;
2. sell, transport, or transfer cannabis or cannabis products to a
delivery service, laboratory, or research program; and
3. deliver cannabis and cannabis products using a delivery service
or its own employees, except that hybrid retailers must comply
with the bill’s delivery restrictions for dispensary facilities that
convert to hybrid retailers (see § 43 below).
The bill also allows licensees to sell cannabis or cannabis products to
consumers, but:
1. retailers cannot (a) sell medical marijuana products or offer
discounts or other inducements to qualifying patients or
caregivers or (b) gift or transfer cannabis or cannabis products
for free to a consumer as part of a commercial transaction and 2021SB-00888-R000569-BA.DOCX
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2. hybrid retailers cannot gift or transfer cannabis, cannabis
products for free to consumers, qualifying patients, or
caregivers as part of a commercial transaction.
Pharmacists and Uploads. In addition to general retail sales, the
bill allows hybrid retailers to sell marijuana, marijuana products, and
medical marijuana products to qualifying patients and caregivers. But
it requires these products to be dispensed by a licensed pharmacist and
recorded in the state’s electronic Prescription Drug Monitoring
Program (PDMP).
Under the bill, pharmacists or registered dispensary technicians
must record the dispensing in the PDMP in real-time, or immediately
after completing the transaction. If it is not reasonably feasible to do so,
they must record the transaction within one hour after completing it.
The bill limits access to PDMP data to only the pharmacists and
registered dispensary technicians.
The bill also requires hybrid retailers to (1) maintain a licensed
pharmacist on-site when the retail location is open to the public or to
qualifying patients and caregivers, (2) include a space for pharmacists
to hold private consultations with qualifying patients and caregivers,
and (3) accommodate an expedited entry method that allows priority
entrance for qualifying patients and caregivers.
Storing Undelivered Products. The bill requires retailers and
hybrid retailers to maintain a secure location at their premises where
cannabis can be returned to them that an employee or delivery service
was unable to deliver. The return location must be maintained in a
manner the DCP commissioner approves and meet specifications she
sets and publishes on the agency’s website.
The bill additionally requires hybrid retailers to return
undeliverable cannabis or cannabis products dispensed to a qualifying
patient or caregiver. They must return them to their inventory system
and remove them from the PDMP within 48 hours after they receive
the cannabis or cannabis products from the delivery service. 2021SB-00888-R000569-BA.DOCX
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Dispensary Facility Conversion to Hybrid Retailer License (§ 43)
Starting September 1, 2021, the bill allows a dispensary facility to
apply to DCP, on a form and manner the commissioner prescribes, to
convert its license to a hybrid retailer license without applying through
the lottery system. For conversions to a retailer license, the bill requires
dispensary facilities to apply through the lottery.
Under the bill, license conversion applicants must submit to DCP a
detailed medical preservation plan for how it will prioritize sales and
access to medical marijuana products for qualifying patients, including
managing customer traffic flow, preventing supply shortages,
providing delivery services, and ensuring appropriate staffing levels.
Patient Designation of Dispensaries. Starting October 1, 2021, the
bill eliminates current law’s requirement that qualifying patients (or
parents or guardians of patients who are minors) designate a
dispensary facility or hybrid retailer as their exclusive location to
purchase medical marijuana. Additionally, the bill prohibits DCP from
requiring any future change of designated dispensary facility
applications.
Under the bill, if all dispensary facilities demonstrate to DCP’s
satisfaction that they are adhering to the real-time upload
requirements described below before October 1, 2021, the
commissioner may eliminate the requirement to designate dispensary
facilities before this date.
PDMP Real-Time Uploads. Starting October 1, 2021, the bill
requires dispensary facilities to have licensed pharmacists dispense
marijuana, marijuana products, and medical marijuana products sold
to qualifying patients and caregivers and record the transaction in the
PDMP in a similar manner as described above for hybrid retailers (see
§§ 41 & 42).
Delivery Services. Starting September 1, 2021, the bill permits
dispensary facilities and hybrid retailers to apply to DCP to provide
delivery services to qualifying patients and caregivers (1) using their 2021SB-00888-R000569-BA.DOCX
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own employees or an available delivery service and (2) delivering
marijuana only from their own inventory.
Applicants must apply to DCP in a form and manner the
commissioner prescribes, and if approved, they may begin delivery
services starting January 1, 2022. However, the bill allows the
commissioner to approve delivery services prior to this date, if she
provides 45 days advanced written notice and publishes the notice on
the agency’s website.
Direct Consumer Deliveries. Under the bill, hybrid retailers may
begin delivering cannabis directly to consumers on the date the DCP
commissioner allows the first adult use cannabis sales. Once delivery is
available, hybrid retailers must only use a delivery service, and not
their own employees, to deliver cannabis to consumers who are not
qualifying patients or caregivers. They must do this until the earlier of
May 1, 2023, or one year from the date the commissioner opens the
adult use cannabis market to the public. After this date, hybrid
retailers may make consumer deliveries using their own employees, a
delivery service, or a combination of the two.
Public Sales. The bill allows dispensary facilities that convert to
hybrid retailers to open their premises to the general public and
commence adult use cannabis sales starting May 4, 2022. The
commissioner may allow the adult use market to open before this date
with 45 days advance written notice published on DCP’s website.
Food and Beverage Manufacturer License (§ 45)
Under the bill, food and beverage manufacturers can incorporate
cannabis or its concentrates into foods or beverages as an ingredient
but they cannot extract cannabis into a cannabis concentrate or create
any product that is not a food or beverage intended for human
consumption.
Packaging and Labeling. The bill allows food and beverage
manufacturers to package or label any food or beverage they prepare
at their establishment that incorporates cannabis or cannabis 2021SB-00888-R000569-BA.DOCX
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concentrates.
All products they create must be labeled in accordance with the
bill’s requirements as well as FDA and U.S. Department of Agriculture
(U.S. DoAg) requirements.
Transporting Products. The bill allows food and beverage
manufacturers to transfer or transport their own products to a
cannabis establishment, laboratory, or research program, provided
they use an employee or delivery service to do so. It also prohibits
manufacturers from transporting, directly to a consumer or using a
delivery service, cannabis, cannabis products, foods, or beverages that
incorporate cannabis or cannabis concentrates.
Sanitary Inspections. The bill requires food and beverage
manufacturers to ensure all equipment they use to manufacture,
process, and package cannabis and cannabis products is sanitary and
inspected regularly to prevent the adulteration of cannabis in
accordance with the requirements of the bill, FDA, and U.S. DoAg.
Product Packager License (§ 46)
The bill allows a product packager to:
1. obtain cannabis or cannabis products from a producer,
cultivator, micro-cultivator, food and beverage manufacturer, or
product manufacturer and
2. transfer or transport cannabis or cannabis products to any
cannabis establishment, laboratory, or research program, as
long as he or she only transports those products packaged at its
own establishment using its own employees or a delivery
service.
Under the bill, product packagers (1) are responsible for ensuring
that cannabis products are labeled and packaged in compliance with
the bill’s requirements and (2) must ensure all equipment it uses to
process and package cannabis and cannabis products is sanitary and
inspected regularly to prevent the adulteration of the products. 2021SB-00888-R000569-BA.DOCX
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Delivery Service License (§ 47)
When applying for a delivery service license, the bill requires
applicants to indicate whether they are applying to transport cannabis
and cannabis products (1) between cannabis establishments, (2) from
certain cannabis establishments to consumers or qualifying patients
and caregivers, or (3) a combination of the two.
Delivering to Individuals. Under the bill, a delivery service that
delivers directly to consumers or qualifying patients and caregivers
may transport:
1. cannabis and cannabis products from a micro -cultivator,
retailer, or hybrid retailer directly to a consumer and
2. marijuana, marijuana products, and medical marijuana
products from a hybrid retailer or dispensary facility directly to
a qualifying patient or caregiver.
The bill prohibits a delivery service from storing or maintaining
control of any of the substances or products listed above for more than
24 hours from when a consumer, qualifying patient, or caregiver places
an order to the time the order is delivered.
Delivering Between Establishments. The bill allows delivery
services to deliver cannabis and cannabis products between cannabis
establishments, research programs, and laboratories. But when doing
so, the delivery service cannot store or maintain control of the items for
more than 24 hours from the time it picks up the cannabis or cannabis
products at these locations to the time they deliver the order.
Regulations. The bill requires the DCP commissioner to adopt
regulations to implement the bill’s provisions. Before doing so, she
must issue implementing policies and procedures, which have the
force of law. The commissioner must do this to protect the public’s
health and safety and regardless of specified UAPA requirements.
The bill requires the commissioner to post all implementing policies
and procedures on DCP’s website and submit them to SOTS to post on 2021SB-00888-R000569-BA.DOCX
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the eRegulations System at least 15 days before they take effect. A
policy or procedure is no longer in effect once SOTS codifies the final
regulation or, if the regulations have not been submitted to the
Regulation Review Committee, starting on July 1, 2025, whichever is
earlier.
Under the bill, the department’s implementing policies and
procedures and final regulations must require a delivery service to:
1. meet certain security requirements related to the (a) vehicles
they use, (b) conduct of their employees and agents, and (c)
documentation the service and its drivers must maintain;
2. maintain an online interface that verifies the consumer’s age
and meets certain specifications and data security standards,
when delivering cannabis to consumers; and
3. verify (and all its employees and agents to verify) the identity of
the patient, caregiver, or consumer, and the consumer’s age,
when delivering cannabis or cannabis products to consumers,
qualifying patients, or caregivers, in a manner acceptable to the
commissioner.
Under the bill, the person who places the cannabis order must be
the person who accepts the order delivery, except for a qualifying
patient, who may have his or her caregiver accept the delivery.
Prohibition on Gifts. The bill prohibits a delivery service from
gifting or transferring cannabis or cannabis products for free to a
consumer or qualifying patient or caregiver as part of a commercial
transaction.
Cultivator License (§ 48)
The bill allows cultivators to cultivate, grow, and propagate
cannabis at an indoor establishment with at least 15,000 square feet of
grow space, provided they comply with the bill’s canopy requirements
(see § 37 above) and the commissioner’s required physical security
controls and protocols. 2021SB-00888-R000569-BA.DOCX
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They may also label, manufacture, package, and perform extractions
on any cannabis or cannabis product they cultivate, grow, or
propagate at their licensed establishment (e.g., food and beverage
products that incorporate cannabis and cannabis concentrates), as long
as they meet all licensure and application requirements for food and
beverage manufacturers and product manufacturers.
Additionally, the bill permits cultivators to sell, transfer, or
transport their cannabis to a dispensary facility, hybrid retailer,
retailer, food and beverage manufacturer, product manufacturer,
research program, laboratory, or product packager. But they cannot do
so to consumers either directly or through a delivery service.
Micro-Cultivator License (§ 49)
License Scope. The bill allows micro-cultivators to sell, transfer, or
transport cannabis or cannabis products to a dispensary facility, hybrid
retailer, retailer, delivery service, food and beverage manufacturer,
product manufacturer, research program, laboratory, or product
packager. They must cultivate, grow, and propagate the products and
transport them using their employees or a delivery service. It prohibits
them from gifting or transferring the products to consumers for free in
a commercial transaction.
Under the bill, micro-cultivators may also label, manufacture,
package, and extract cannabis and cannabis products they cultivate,
grow, and propagate at their own licensed establishment, as long as
they meet licensure and application requirements for a food and
beverage manufacturer, product manufacturer, or product packager,
as applicable.
The bill also allows a micro-cultivator to sell its own cannabis or
cannabis products to consumers, excluding qualifying patients and
caregivers, either by using its own employees or through a delivery
service.
Storage of Undelivered Products. The bill requires micro-
cultivators that deliver products using a delivery service or their own 2021SB-00888-R000569-BA.DOCX
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employees to maintain an on-site secure location where undelivered
orders may be returned. The return location must be maintained in a
manner the commissioner approves and meet the specifications she
sets and publishes on the agency’s website.
Grow Space Limits. The bill allows micro-cultivators to cultivate,
grow, propagate, manufacture, and package the cannabis plant at an
indoor establishment containing between 2,000 and 5,000 square feet of
grow space. They may do this before any expansion the commissioner
authorizes, provided they comply with the bill’s canopy provisions
(see § 37 above) and physical security controls the commissioner sets.
Annual Expansion. The bill allows micro-cultivators to annually
apply to DCP to expand their grow space in increments of 5,000 square
feet, as long as they are not subject to any pending or final
administrative actions or judicial findings. If they are subject to such
an action or finding, DCP must conduct a suitability review analysis to
determine whether to grant the expansion. The department’s
determination is final and may only be appealed to the Superior Court.
Conversion to Cultivator License. Under the bill, micro-
cultivators may only annually apply to expand their facilities until
they reach a maximum of 15,000 square feet of grow space. Micro-
cultivators who want to expand beyond this threshold may apply to
DCP to convert to a cultivator license one year after its last expansion
request without going through the department’s lottery application
process. DCP must grant a cultivator license to micro-cultivators who
meet all application and licensure requirements and pay the license
fee.
§ 50 — RELOCATION FOR DISPE NSARY OR HYBRID RETA ILER
Temporarily allows DCP to deny a change of location for a dispensary facility or hybrid
retailer because of patient needs and prohibits the department from approving a relocation
that is further than 10 miles from the current location
Before June 30, 2022, the bill prohibits the DCP commissioner from
approving the relocation of a dispensary facility or hybrid retailer to a
location that is further than 10 miles from its current dispensary
facility or hybrid retailer location. Until June 30, 2023, the bill allows 2021SB-00888-R000569-BA.DOCX
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the DCP commissioner to deny a change of location application from a
dispensary facility or hybrid retailer based on the needs of qualifying
patients.
EFFECTIVE DATE: July 1, 2021
§ 51 — CONFLICT OF INTEREST FOR CERTAIN DCP EMPL OYEES
AND CANNABIS CONTROL COMMISSION MEMBERS
Prohibits DCP employees who carry out certain functions and Cannabis Control
Commission members from having management or financial interests in the cannabis
industry
The bill prohibits DCP employees who carry out the licensing,
inspection, investigation, enforcement, or policy decisions authorized
by the bill and its regulations and Cannabis Control Commission
members from:
1. having any management or financial interest in the cultivation,
manufacture, sale, transportation, delivery, or testing of
cannabis in Connecticut (whether directly, indirectly, or as a
member of a business entity) or
2. receiving any commission or profit from, or having any interest
in, purchases or sales made by individuals authorized to do so
under the bill.
This provision does not prevent these employees or members from
purchasing and keeping in their possession any cannabis under the bill
for their personal use or that of their family or guests.
EFFECTIVE DATE: Upon passage
§ 52 — PROTECTION FOR CANNA BIS EMPLOYEES
Protects cannabis establishments and their employees from seizures and forfeiture due to
cannabis related activities due to their job
The bill allows a cannabis establishment or its employee to
purchase, possess, display, sell, and transport cannabis or cannabis
products within the scope of the person’s employment, license, or
registration. The bill deems these actions as lawful and not an offense
or a basis for seizing or forfeiting assets if the person complies with the 2021SB-00888-R000569-BA.DOCX
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applicable license and registration laws and regulations.
EFFECTIVE DATE: July 1, 2021
§ 53 — DISPLAY PROHIBITIONS
Prohibits cannabis establishments from displaying cannabis that is visible to the general
public from a public road or on DEEP-managed property
The bill prohibits cannabis establishments from displaying cannabis,
cannabis products, or drug paraphernalia in a manner that is visible to
the general public from a public road or on state lands or waters the
Department of Energy and Environmental Protection (DEEP) manages.
EFFECTIVE DATE: July 1, 2021
§ 54 — CANNABIS ESTABLISHME NT POLICIES AND
PROCEDURES
Requires each cannabis establishment to establish, maintain, and comply with written
policies and procedures on, among other things, handling recalls and crises, ensuring
adulterated cannabis is destroyed, and ensuring the oldest cannabis is sold first
The bill requires each cannabis establishment to establish, maintain,
and comply with written policies and procedures for cultivating,
processing, manufacturing, securing, storing, inventorying, and
distributing cannabis and cannabis products, as applicable to the
specific license type. The policies and procedures must include
methods for identifying, recording, and reporting diversion, theft, or
loss, and for correcting all inventory errors and inaccuracies. Cannabis
establishments must include in their written policies and procedures a
process for each of the following, if the establishment engages in such
activity:
1. handling mandatory and voluntary cannabis and cannabis
product recalls to adequately manage (a) recalls due to a
commissioner’s order or voluntary action by the cannabis
establishment to remove defective or potentially defective
products from the market or (b) any action to promote public
health and safety by replacing existing cannabis or cannabis
products with improved products or packaging;
2. preparing for, protecting against, and handling any crisis that 2021SB-00888-R000569-BA.DOCX
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affects a cannabis establishment facility’s security or operation
in the event of a strike, fire, flood, or other natural disaster, or
local, state, or national emergency;
3. ensuring that any outdated, damaged, deteriorated,
misbranded, or adulterated cannabis or cannabis products are
segregated from all other inventory and destroyed and
providing for written documentation of their disposition; and
4. ensuring the oldest stock of cannabis or a cannabis product is
sold, delivered, or dispensed first (but the procedure may
permit deviation from this requirement if it is temporary and
commissioner-approved).
The bill requires cannabis establishments to (1) store all cannabis
and cannabis products in a way to prevent diversion, theft, or loss; (2)
make cannabis and cannabis products accessible only to the minimum
number of specifically authorized employees essential for efficient
operation; and (3) return any cannabis and cannabis products to a
secure location at the end of the scheduled business day.
EFFECTIVE DATE: July 1, 2021
§ 55 — ALLOWABLE PURCHASES BY MEDICAL MARIJUANA
PATIENTS AND CAREGIV ERS
Allows qualifying patients and caregivers to purchase cannabis with higher potency and
more per transaction or per day, as the commissioner determines
The bill authorizes the DCP commissioner to allow qualifying
patients and caregivers under the medical marijuana program to
purchase cannabis and cannabis products of higher potency, varied
dosage form, and in a larger per transaction or per day amount than
are generally available for retail purchase. This determination, if any,
must be posted on DCP’s website.
Regardless of any state law, under the bill, the sale or delivery of
drug paraphernalia to a qualifying patient or caregiver or person
licensed under the bill or the medical marijuana laws is not considered
a violation of the bill. 2021SB-00888-R000569-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 56 — RECORDKEEPING AND EL ECTRONIC TRACKIN G
SYSTEM
Requires each cannabis establishment to maintain specified records through an electronic
tracking system and establishes narrow conditions under which the records may be
released
Recordkeeping
The bill requires each cannabis establishment, licensed under the
medical marijuana laws or the bill, to maintain a record of all cannabis
grown, manufactured, wasted, and distributed between cannabis
establishments and to end-user consumers, qualifying patients, and
caregivers in a form and manner the DCP commissioner prescribes.
Electronic Tracking System
Under the bill, the commissioner must require an electronic tracking
system to monitor the producing, harvesting, storing, manufacturing,
transporting, and transferring of cannabis from the point of planting
cannabis seeds through the point when the final product is sold to an
end-user. The system must track each cannabis seed, clone, seedling, or
other cannabis starter plant a cannabis establishment intends to use.
Cannabis establishments must use the tracking system and enter the
data points the commissioner requires to ensure cannabis and cannabis
products are safe, secure, and properly labeled for consumer or
qualifying patient use. The commissioner may contract with one or
more vendors to electronically collect this information.
Disclosures Generally Prohibited
The bill prohibits the electronic tracking system from collecting
information about any individual consumer, qualifying patient, or
caregiver purchasing the cannabis or cannabis product. Under the bill,
the electronic tracking system’s information is confidential and
generally must not be subject to disclosure under the state Freedom of
Information Act (FOIA). However, the bill allows the DCP
commissioner to provide reasonable access to cannabis tracking data
obtained under this provision to the following individuals and
agencies: 2021SB-00888-R000569-BA.DOCX
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1. state agencies and local law enforcement agencies (a) to
investigate or prosecute a violation of law or (b) as part of a
DCP disciplinary action;
2. public or private entities for research or educational purposes,
provided no individually identifiable information may be
disclosed; and
3. the attorney general for any review or investigation.
The commissioner must also provide access to the electronic
tracking system to (1) DRS to enforce any tax-related investigations
and audits and (2) the Department of Public Health (DPH) for
epidemiological surveillance, research, and analysis.
EFFECTIVE DATE: January 1, 2022
§ 57 — FINANCIAL RECORDKEEPING AND DCP ENFORCEMENT
Requires cannabis establishments to maintain records of their business transactions for
the current tax year and the three immediately preceding years in an auditable format;
gives the DCP commissioner certain powers to supervise and enforce the bill’s provisions
The bill requires each cannabis establishment to maintain all records
needed to fully demonstrate their cannabis and cannabis product
business transactions for the current tax year and the three
immediately preceding tax years, all of which must be made available
to DCP as described below.
The commissioner may require (1) any licensee to provide the
information as she considers necessary for the bill’s proper
administration and (2) an audit of any cannabis establishment at its
own expense.
Under the bill, each cannabis establishment, and each person in
charge, or having custody, of its documents, must maintain the
documents in an auditable format for the current tax year and the three
preceding tax years. Upon request, the person must (1) make the
documents immediately available for inspection and copying by the
commissioner or any other enforcement agency or others authorized
by the bill and (2) produce copies of the documents to the 2021SB-00888-R000569-BA.DOCX
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commissioner or her authorized representative within two business
days. The documents must be provided in electronic format, unless it
is not commercially practical. In complying with these provisions, the
bill prohibits anyone from using a foreign language, codes, or symbols
to designate cannabis or cannabis product types or individuals in
keeping any required document.
The bill allows the commissioner, for purposes of supervising or
enforcing the bill’s provisions, to:
1. enter any place, including a vehicle, where cannabis or cannabis
products are held, sold, produced, delivered, transported,
manufactured, or otherwise disposed of;
2. inspect a cannabis establishment and all pertinent equipment,
finished and unfinished material, containers, and labeling, and
all things in the location, including records, files, financial data,
sales data, shipping data, pricing data, employee data, research,
papers, processes, controls, and facilities; and
3. inventory any stock of cannabis and cannabis products and
obtain samples of any cannabis or cannabis product, labels or
containers, paraphernalia, and of any finished or unfinished
material.
EFFECTIVE DATE: July 1, 2021
§ 58 — DCP DISCIPLINARY ACTIONS
Allows the DCP commissioner, for sufficient cause, to take certain disciplinary actions,
including, among other things, suspending or revoking a credential or issuing fines
Disciplinary Actions
The bill allows the DCP commissioner, for sufficient cause, to
suspend or revoke a license or registration, issue fines of up to $25,000
per violation, accept an offer in compromise, refuse to grant or renew a
license or registration issued pursuant to the bill, place a licensee or
registrant on probation, place conditions on a licensee or registrant, or
take other actions the law permits. 2021SB-00888-R000569-BA.DOCX
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Sufficient Cause
Under the bill, the following actions constitute sufficient cause for
disciplinary action by the commissioner:
1. furnishing false or fraudulent information in an application or
failing to comply with representations made in an application,
including, medical preservation plans and security
requirements;
2. a civil judgment against or disqualifying convictions of a
cannabis establishment licensee, backer, key employee, or
license applicant;
3. failure to maintain effective controls against diversion, theft, or
loss of cannabis, cannabis products, or other controlled
substances;
4. discipline by any federal, state, or local government, or pending
disciplinary actions or unresolved complaints against a cannabis
establishment licensee, registrant, or applicant regarding any
professional license or registration issued by such government;
5. failure to keep accurate records and accounts for the cultivation,
manufacture, packaging, or sale of cannabis and cannabis
products;
6. the denial, suspension, or revocation of a license or registration,
or the denial of a license or registration renewal, by a federal,
state, or local government or foreign jurisdiction;
7. false, misleading, or deceptive representations to the public or
the department;
8. return to regular stock of any cannabis or cannabis product
where (a) the package or container has been opened, breached,
tampered with, or otherwise adulterated or (b) the cannabis or
cannabis product has been previously sold to an end user or
research program subject; 2021SB-00888-R000569-BA.DOCX
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9. involvement in a fraudulent or deceitful practice or transaction;
10. performance of incompetent or negligent work;
11. failure to maintain the entire cannabis establishment or
laboratory and contents in a secure, clean, orderly, and sanitary
condition;
12. permitting another person to use the licensee’s license;
13. failure to properly register employees or license key employees,
or failure to notify the department about a change in key
employees or backers;
14. an adverse administrative decision or delinquency assessment
against the cannabis establishment from DRS;
15. failure to cooperate or give information to DCP, local law
enforcement authorities, or any other enforcement agency on
any matter arising out of conduct at a cannabis establishment or
laboratory or in connection with a research program; or
16. failure to comply with any provision of the bill.
Revocation or Denial
If the commissioner refuses to issue or renew a license or
registration, she must notify the applicant about the denial and his or
her right to request a hearing within 10 days after receiving the denial
notice. If the applicant requests a hearing within the 10-day period, the
commissioner must (1) give notice of the grounds for the refusal and
(2) conduct a hearing on the refusal under the UAPA’s procedures for
contested cases.
If the commissioner’s denial of a license or registration is sustained
after the hearing, an applicant may not apply for a new cannabis
establishment, backer, or key employee license or employee
registration for at least one year after the date the denial was sustained.
The bill prohibits a person whose license or registration has been 2021SB-00888-R000569-BA.DOCX
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revoked from applying for a cannabis establishment, backer, or key
employee license or an employee registration for at least one year after
the revocation. The voluntary surrender or failure to renew a license or
registration does not prevent the commissioner from suspending or
revoking the license or registration or imposing other penalties the bill
allows.
EFFECTIVE DATE: July 1, 2021
§ 59 — DCP REGULATIONS, POL ICIES, AND PROCEDURES
Allows the DCP commissioner to adopt (1) implementing regulations and (2) policies and
procedures before adopting regulations
The bill allows the DCP commissioner to adopt regulations,
including emergency regulations, to implement the bill’s provisions.
The bill requires the commissioner to (1) adopt policies and
procedures to implement the bill’s provisions that have the force and
effect of law, (2) post them on DCP’s website, and (3) submit them to
SOTS to post on the eRegulations system at least 15 days before they
take effect. The policy or procedure is no longer effective once the final
regulation is codified or, if the regulations have not been submitted to
the Regulations and Review Committee, starting 48 months from this
provision’s effective date, whichever occurs earlier.
EFFECTIVE DATE: Upon passage
§ 60 — DCP RECOMMENDATIONS ON HOME-GROWN CANNABIS
AND ON-SITE CONSUMPTION AND EVENTS
Requires DCP to make written recommendations to the governor and the legislature on
whether to allow home-grown cannabis or on-site consumption or events that allow
cannabis usage
The bill requires DCP, by January 1, 2023, to make written
recommendations to the governor and the General Law, Judiciary, and
Finance, Revenue and Bonding committees on whether to (1) allow
consumers, who are age 21 and older, to cultivate cannabis for the
consumer’s use (i.e., home-grown cannabis) or (2) authorize on-site
consumption or events that allow for cannabis usage, including
whether to establish a cannabis on-site consumption or event license. 2021SB-00888-R000569-BA.DOCX
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In making its recommendations on home-grown cannabis, the
commissioner must consider the following:
1. reasonable precautions to ensure that the plants are secure from
unauthorized access or access by individuals under age 21;
2. the location where the cannabis may be grown;
3. how other states allow home growing and how these states are
regulating personal cultivation;
4. if personal cultivation in other states has improved consumer
access; and
5. any other related public safety or regulatory issues DCP deems
necessary.
EFFECTIVE DATE: July 1, 2021
§ 61 — MATERIAL CHANGE
Requires any person who enters into a transaction that results in a material change to a
cannabis establishment to file a written notice with the attorney general and serve a
waiting period
The bill requires any person who enters into a transaction, either
directly or indirectly, that results in a material change to a cannabis
establishment to file a written notice with the attorney general and
serve a specified waiting period.
Under the bill, “material change” means:
1. the addition of a backer;
2. a change in an existing backer’s ownership interest;
3. the merger, consolidation, or other affiliation of a cannabis
establishment with another establishment;
4. the acquisition of all or part of a cannabis establishment by
another establishment or backer; and
5. the transfer of assets or security interests from a cannabis 2021SB-00888-R000569-BA.DOCX
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establishment to another establishment or backer.
“Transfer” means to sell, transfer, lease, exchange, option, convey,
give, otherwise dispose of, or transfer control over, including by way
of merger or joint venture not in the ordinary course of business.
Written Notice
The bill requires the written notice to be in a form and contain the
documentary material and information relevant to the proposed
transaction as the attorney general deems necessary and appropriate to
enable him to determine whether the transaction, if consummated,
violates antitrust laws.
By law, the attorney general has the authority to, among other
things, investigate proposed transactions and require parties to
provide relevant information through subpoenas and written
interrogatories (CGS § 35-42).
Waiting Period
The bill requires a waiting period before the transaction is complete.
The period begins on the day the attorney general receives the
completed notice from all parties to the transaction (see above) and
generally ends after 30 days, unless the attorney general extends the
time or, in individual cases, terminates the waiting period and allows
the transaction to proceed.
The attorney general may, before the 30-day waiting period expires,
extend the waiting period by requesting additional material. He may
require parties to submit additional information or documentary
material relevant to the proposed transaction. Upon this request, the
waiting period is extended until 30 days after the parties have
substantially complied with the request, as determined by the attorney
general.
Disclosure Prohibited
Under the bill, any information or documentary material filed with
the attorney general is not disclosable under FOIA. This information or
material must not be made public, except as may be relevant to an 2021SB-00888-R000569-BA.DOCX
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administrative or judicial action or proceeding.
The bill requires the information or documentary material to be
returned to the person who provided it when the attorney general’s
review is terminated or the final determination is made in an action or
proceeding that commenced as a result.
Penalty
Under the bill, any person, officer, director, or partner, who fails to
comply with any portion of the material change provision is liable to
the state for a civil penalty of up to $25,000 for each day the person is
in violation. The penalty may be recovered in a civil action brought by
the attorney general.
Under the bill, if any person, officer, director, partner, agent, or
employee fails substantially to comply with the notification
requirement or any request to submit additional information or
documentary material within the waiting period, the court:
1. may order compliance;
2. must extend the waiting period until there has been substantial
compliance, except that, in the case of a tender offer, the court
may not extend the waiting period based on a failure by the
person whose stock is sought to be acquired to comply
substantially with the notification requirement or request; and
3. may grant other equitable relief as the court in its discretion
determines necessary or appropriate, upon application of the
attorney general.
EFFECTIVE DATE: July 1, 2021
§ 62 — ELECTRICITY USAGE RE PORT AND RENEWABLE
ENERGY
Requires a cannabis establishment to annually report its annual electricity usage and
purchase renewable energy to the extent possible
The bill requires each cannabis establishment to annually report
publicly, in a manner the DCP commissioner prescribes, (1) its annual 2021SB-00888-R000569-BA.DOCX
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electricity usage and (2) what fraction of its electricity usage is
generated from Class I Renewable Portfolio Standards produced in the
state through the Regional Greenhouse Gas Initiative (RGGI)
agreement.
The bill requires each cannabis establishment, to the greatest extent
possible, to purchase electricity generated from Class I Renewable
Portfolio Standards produced in the states that are party to the RGGI
agreement.
EFFECTIVE DATE: July 1, 2022
§ 63 — DEPARTMENT OF BANKIN G REPORTING REQUIR EMENT
Requires the banking commissioner to report legislative recommendations to the governor
and legislature on cannabis establishments’ use of electronic payments and access to
banking institutions
By January 1, 2022, the bill requires the banking commissioner, in
consultation with the DCP commissioner, to report to the governor
and Banking, Judiciary, and Finance, Revenue and Bonding
committees on recommended legislation (1) to facilitate the use of
electronic payments by cannabis establishments and consumers and
(2) on access for cannabis establishments to depository banking and
commercial mortgages.
EFFECTIVE DATE: Upon passage
§ 64 — INSURANCE REPORT
Requires the Insurance Commissioner to report to the governor and Insurance Committee
on cannabis establishments’ access to insurance
By January 1, 2022, the bill requires the Insurance Commissioner to
report to the governor and Insurance Committee regarding access to
insurance by cannabis establishments.
EFFECTIVE DATE: Upon passage
§ 65 — ALCOHOL AND DRUG POLICY COUNCIL R EPORT
Requires the Alcohol and Drug Policy Council to make recommendations to the governor
and legislature on efforts to promote certain public health initiatives and collecting data
for certain reviews 2021SB-00888-R000569-BA.DOCX
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The bill requires the Alcohol and Drug Policy Council, by January 1,
2023, to make recommendations to the governor and the Public Health,
Judiciary, and Finance, Revenue and Bonding committees on (1) efforts
to promote public health and science-based harm reduction, mitigate
misuse and the risk of cannabis addiction, and effectively treat
cannabis addiction with a particular focus on individuals under age 21
and (2) the collection and reporting of data to allow for
epidemiological surveillance and review of cannabis consumption and
its impact in the state.
EFFECTIVE DATE: Upon passage
§§ 66-71 & 77 — MEDICAL MARIJUANA PA TIENTS, CAREGIVERS,
AND HEALTH CARE PROV IDERS
Allows medical marijuana patients to grow up to six cannabis plants in their homes, if
they keep them secure from unauthorized access or minors; allows patients and caregivers
to possess up to five ounces of marijuana; eliminates the requirement for patients to select
a dispensary from whom they will obtain marijuana; revises terminology for patient
caregivers and eliminates the requirement that they only obtain marijuana from
dispensaries; broadens the types of entities in which physicians or APRNs who certify
patients for medical marijuana use may not have a financial interest to include most
cannabis establishments
Home Cultivation, Possession Limit, and Source of Marijuana
Starting May 4, 2022, the bill allows qualifying medical marijuana
patients to cultivate up to six cannabis plants in their homes, as long as
they keep the plants secure from unauthorized access or access by
anyone under age 21.
It allows each medical marijuana patient, along with his or her
caregiver, to possess up to five ounces of marijuana. Current law
instead allows them to possess a one-month supply as determined
through regulations. The bill eliminates the current requirement for
patients (or parents or guardians of minors) to select a dispensary from
which they will purchase marijuana.
Patient Caregivers
The bill updates terminology by referring to a patient’s “caregiver”
rather than “primary caregiver.” As under current law, this is someone
at least age 18, other than the patient or the patient’s physician or 2021SB-00888-R000569-BA.DOCX
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advanced practice registered nurse (APRN), who is responsible for
managing the patient’s well-being with respect to medical marijuana
use.
The bill eliminates the current requirement for caregivers to only
obtain marijuana from a licensed dispensary, corresponding to the
bill’s other changes adding to the types of businesses authorized to sell
marijuana (e.g., hybrid retailers).
Physician or APRN Prohibited Financial Interests
Under current law, physicians or APRNs who certify patients for
medical marijuana use are prohibited from having a financial interest
in a dispensary or producer. The bill extends this prohibition to
include other cannabis establishments licensed under the bill, except
for retailers and delivery services.
EFFECTIVE DATE: July 1, 2021, except for the provisions changing
certain definitions, authorizing home cultivation, and eliminating the
requirement for a patient to select a dispensary, which are effective
October 1, 2021.
§§ 66, 72, 73 & 82 — DISPENSARY FACILITIES
Makes various minor, technical, and conforming changes transferring many of current
law’s requirements for a licensed dispensary to a dispensary facility; expands the entities a
dispensary facility may acquire marijuana from; requires a dispensary facility or hybrid
retailer employee to transmit dispensing information in real-time or within one hour
The bill codifies the “dispensary facility” definition currently in
state regulations and allows a “licensed dispensary” or “dispensary”
to be employed by a hybrid retailer (see § 42 above). As under existing
law, a licensed dispensary or dispensary must be a licensed
pharmacist.
Under the bill, a “dispensary facility” means a DCP-licensed place
of business where marijuana may be dispensed, sold, or distributed to
qualifying patients and caregivers in accordance with the medical
marijuana laws and regulations.
The bill prohibits anyone (individual or entity) who is not licensed
by DCP as a dispensary facility from acting as one or representing that 2021SB-00888-R000569-BA.DOCX
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he or she is a dispensary facility.
Facility Licensing Requirements
The bill transfers many of current law’s requirements for a licensed
dispensary to what the bill calls a dispensary facility.
In this transfer, the bill increases the renewal period of a facility
license from one to two years (Conn. Agency Regs., § 21a-408-25(b)).
But as under current law, the bill requires the DCP commissioner to
establish, among other things, licensing and renewal fees for facilities
that are at least the amount needed to cover the direct and indirect
licensing and regulating costs.
Finally, the bill requires the facility, rather than the dispensary, to
annually report to DCP, on a form the commissioner prescribes, data
related to the types of mixtures and dosages of medical marijuana the
facility dispenses.
The bill makes various other minor, technical, and conforming
changes to transfer these requirements.
Acquisition and Distribution
The bill expands the types of entities a dispensary facility or its
employee may acquire marijuana from by allowing it to receive
marijuana from a cultivator, micro-cultivator, producer, product
manufacturer, food and beverage manufacturer, product packager, or
delivery service.
Current law prohibits dispensaries from distributing or dispensing
marijuana to specified individuals who are not in the medical
marijuana program. The bill instead prohibits facilities from
transferring or transporting marijuana specifically to these individuals.
Transmitting Dispensing Information
The bill requires a licensed pharmacist working as a dispensary
facility or hybrid retailer employee to transmit dispensing information,
in a manner the commissioner prescribes, on any cannabis sold to a
qualifying patient or caregiver. He or she must do this in real-time or 2021SB-00888-R000569-BA.DOCX
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immediately upon completion of the transaction, unless it is not
reasonably feasible for a specific transaction, but in no case longer than
one hour after completing the transaction.
EFFECTIVE DATE: July 1, 2021, except for the provisions on
acquisition and distribution and transmitting dispensing information,
which are effective October 1, 2021.
§§ 66 & 76 — MEDICAL MARIJUANA QU ALIFYING CONDITIONS
AND BOARD OF PHYSICI ANS
Allows the DCP commissioner to add to the list of qualifying medical marijuana
conditions without adopting regulations; specifies that she has the discretion to accept or
reject the physician board’s recommendations; eliminates the requirement for the board to
hold hearings at least twice a year
Starting October 1, 2021, the bill allows the DCP commissioner,
without adopting regulations, to add to the list of medical conditions
that qualify for medical marijuana use. Under the bill, she must post
new qualifying conditions on the department’s website. When she
does so, her approval takes effect without further action.
As required by law, DCP has established a board of physicians
knowledgeable about medical marijuana use. Among other duties, the
board (1) holds hearings and evaluates petitions requesting additions
to the list of conditions that qualify for medical marijuana use and (2)
makes related recommendations to DCP.
By law, one of the board’s duties is to review and recommend to
DCP for approval any debilitating medical conditions to be added to
the list of qualifying conditions (not just those that are subject to a
petition). The bill specifies that the commissioner has the discretion to
accept or reject the board’s recommendations.
The bill also eliminates the requirement for the board to hold public
hearings at least twice annually, instead requiring them to do so as
necessary.
EFFECTIVE DATE: October 1, 2021
§§ 66, 79 & 81 — MEDICAL MARIJUANA RE SEARCH PROGRAMS 2021SB-00888-R000569-BA.DOCX
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Expands the list of entities that may oversee or administer medical marijuana research
programs; expands the list of entities from whom these programs may acquire marijuana,
or to whom they may deliver it; requires research program employees to be registered
rather than licensed
Existing law allows the DCP commissioner to approve medical
marijuana research programs that meet certain requirements,
including that the programs be overseen or administered by certain
types of entities.
The bill adds the following to the list of entities that may serve this
function: cannabis micro-cultivators, cultivators, food and beverage
manufacturers, product packagers, product manufacturers, hybrid
retailers, and retailers. It also specifies that dispensary facilities, rather
than individual dispensaries (pharmacists), may serve this function
(corresponding to the bill’s other changes on dispensary facilities
described above). Under existing law, medical marijuana research
programs may also be overseen or administered by DPH-licensed
hospitals or health care facilities, higher education institutions, and
medical marijuana producers.
Current law allows research programs and their employees to
acquire marijuana from producers, dispensaries, and laboratories. The
bill instead allows them to acquire it from any cannabis establishment
or laboratories. In addition, current law allows research programs and
their employees to deliver or distribute marijuana to producers and
dispensaries and research program subjects. The bill broadens this to
also include any cannabis establishment or laboratories. It makes
corresponding changes to research program employees’ scope of legal
protections.
Additionally, the bill requires research program employees to be
registered with DCP, rather than licensed as under current law. It
removes an obsolete provision on temporary registration before DCP’s
regulations take effect.
EFFECTIVE DATE: July 1, 2021, except for provisions changing
certain definitions, which are effective October 1, 2021.
§ 74 — PRODUCERS 2021SB-00888-R000569-BA.DOCX
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Expands the entities a producer or its employee may sell to and immunizes them when
acting within the scope of employment
The bill expands the entities to which a producer or its employee
may sell, deliver, transport, or distribute marijuana to include all
cannabis establishments, rather than just a licensed dispensary,
laboratory, or research organization.
Additionally, the bill immunizes licensed producers and their
employees, when acting within the scope of employment, from certain
penalties, for selling, delivering, transporting, distributing or
transferring marijuana to a cannabis establishment, laboratory, or
research program. As under existing law, they are immunized from
being arrested, prosecuted, or otherwise penalized, including being
subject to civil penalties, or denied any right or privilege, including
being disciplined by a professional licensing board.
EFFECTIVE DATE: July 1, 2021
§ 75 — DCP MEDICAL MARIJUAN A REGULATIONS
Requires the DCP commissioner to amend regulations, as applicable, to implement the
bill’s changes to the medical marijuana laws and requires her to adopt policies and
procedures before the regulations are finalized
The bill requires the DCP commissioner to amend regulations, as
applicable, to implement the bill’s changes to the medical marijuana
laws. Regardless of the UAPA’s requirements for giving notice before
amending regulations, the commissioner must adopt policies and
procedures to implement the bill’s changes to the medical marijuana
laws and protect public health and safety.
Policies and Procedures
Before adopting or amending the regulations the commissioner
must adopt policies and procedures that, under the bill, have the force
and effect of law. She must post all policies and procedures on DCP’s
website and submit the policies and procedures to SOTS to post on the
eRegulations System at least 15 days before the policy or procedure’s
effective date. A policy or procedure is no longer effective once SOTS
codifies the final regulation or, if the regulations have not been
submitted to the Regulations and Review Committee, starting October 2021SB-00888-R000569-BA.DOCX
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1, 2025, whichever occurs earlier.
The bill requires DCP to adopt regulations to:
1. establish requirements for the growing of cannabis plants by a
qualifying patient in his or her home, including requirements
for securing the plants to limit unauthorized access, the plants’
location, and any other public safety or public health-related
requirements and
2. ensure an adequate supply and variety of marijuana to
dispensary facilities and hybrid retailers to ensure
uninterrupted availability for qualifying patients, based on
historical marijuana purchase patterns by qualifying patients.
It also expands the regulation requirements for developing a
distribution system to (1) provide for transferring marijuana between
dispensary facilities and (2) allow distribution to qualifying patients or
their caregivers by additional entities, including hybrid retailers and
delivery services.
The bill eliminates the requirement that the regulations:
1. establish any additional information qualifying patient and
caregiver registration certificates must contain;
2. define protocols for determining how much usable marijuana
constitutes an adequate supply to ensure uninterrupted
availability for one month, including amounts for topical
treatments;
3. establish a process for public comment and public hearings
before the physician board regarding the addition of medical
conditions, treatments, or diseases to the list of debilitating
conditions; and
4. specify additional medical conditions, treatments, or diseases
that qualify as debilitating conditions, as the physician board
recommends. 2021SB-00888-R000569-BA.DOCX
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EFFECTIVE DATE: October 1, 2021
§§ 78 & 80 — LABORATORIES
Requires a laboratory to be licensed and (1) independent from all parties involved in the
marijuana industry and (2) maintain all minimum security and safeguard requirements
for storing and handling controlled substances
Laboratory Licensing
The bill prohibits anyone (individual or entity) who is not licensed
by DCP as a laboratory from acting as one or representing that he or
she is a laboratory, unless the person has a DCP license.
Beginning on October 1, 2021, existing laboratories may continue
operations if they have (1) been granted DCP approval as of October 1,
2021, and (2) applied to the DCP commissioner for licensure in a form
and manner the commissioner prescribes. These laboratories may
continue to act as a laboratory until DCP approves or denies the
licensure application.
Employee Registration
The bill also requires (1) a laboratory employee to be registered
rather than licensed and (2) DCP to adopt regulations to implement
this credentialing in the same manner it did for licensing. As under
existing law, before the regulations are effective, the commissioner
may issue a temporary certificate of registration to a laboratory
employee.
Independence
Under the bill, a laboratory must be independent from all involved
in the marijuana industry in Connecticut. This means that no person
with a direct or indirect financial, managerial, or controlling interest in
the laboratory may have a direct or indirect financial, managerial, or
controlling interest in a cannabis establishment or any other entity that
may benefit from the laboratory test results for a cannabis or marijuana
sample or product.
Security and Safeguards
The bill requires a laboratory to maintain all minimum security and
safeguard requirements for storing and handling controlled substances 2021SB-00888-R000569-BA.DOCX
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as a laboratory licensed to provide analyses of controlled substances.
Acquisition and Distribution
The bill expands the entities a laboratory or its employee may (1)
acquire cannabis from to include all cannabis establishments and
research programs, rather than just a licensed producers and
dispensaries and research programs, and (2) deliver, transport, or
distribute marijuana to, by including a cannabis establishment that
was not the cannabis establishment where the marijuana was
originally acquired from, rather than just from a licensed dispensary or
producer or research program.
Immunity
Additionally, the bill immunizes licensed laboratories or their
employees in the same manner as producer licenses (see above) for
transferring marijuana to a cannabis establishment or research
program.
EFFECTIVE DATE: July 1, 2021, except the provisions prohibiting
laboratory operations without a license and requiring regulations to be
adopted are effective October 1, 2021.
§§ 83 & 84 — MUNICIPAL AUTHORITY
Addresses various issues on municipalities’ authority to regulate cannabis, such as (1)
allowing them to enact certain zoning regulations or ordinances; (2) requiring them, upon
petition of 10% of their voters, to hold a local referendum on whether to allow the
recreational sale of marijuana; (3) barring them from prohibiting the delivery of cannabis
by authorized persons; (4) allowing them to charge retailers for certain initial public safety
expenses; and (5) allowing them to establish fines for cannabis smoking in outdoor
sections of restaurants
General Zoning Authority and Restrictions
The bill allows municipalities to amend their zoning regulations or
ordinances to take the following actions in regard to cannabis
establishments:
1. prohibit them from opening;
2. reasonably restrict their hours and signage;
3. reasonably restrict their number or density, to a maximum of 2021SB-00888-R000569-BA.DOCX
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one retailer per 5,000 residents, as determined by the most
recent census; or
4. restrict their proximity to religious institutions, schools,
charitable institutions, hospitals, veterans’ homes, or certain
military establishments.
Under the bill, a municipality’s legislative body must approve these
amendments before they take effect. The bill requires municipal chief
zoning officials to report these zoning changes to the OPM secretary
and DCP. They must report in writing within 14 days after adopting
the change.
The bill generally prohibits any restrictions on cannabis
establishment hours, zoning, or signage from applying to existing
businesses until five years after the restriction is adopted. This delay
does not apply if the business converts to a different license type.
If municipalities take no action through zoning regulations or
ordinances, these establishments must be zoned as similar uses would
be.
Local Referendum
Under the bill, a municipality must hold a referendum on whether
to allow certain cannabis sales if at least 10% of its electors petition for
such a vote at least 60 days before a regular election. Specifically, these
votes may determine whether to allow (1) the recreational sale of
marijuana in the municipality or (2) the sale of marijuana in one or
more of the cannabis establishment license types. The ballot
designations are as follows:
“Shall the sale of recreational marijuana be allowed in .... (Name of
municipality)?” or “Shall the sale of cannabis under (Specified
license or Licenses) be allowed in .... (Name of municipality)?” or
“Shall the sale of recreational marijuana be prohibited (No Licenses)
in .... (Name of municipality)?”
The bill requires the referendum and ballots’ form to conform to 2021SB-00888-R000569-BA.DOCX
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existing procedures. The results take effect on the first Monday of the
month after the election and remain in effect until another vote is
taken. The bill allows a vote to occur at a special election, following
existing procedures, as long as at least one year has passed since the
previous vote.
Under the bill, existing laws on absentee voting at referenda apply
to these votes. The bill also provides that these referenda do not affect
any class of cannabis establishments already allowed in a municipality
unless the petition specifies “No Licenses.”
Delivery and Transport
The bill bars municipalities from prohibiting the delivery of
cannabis or cannabis products to (1) consumers or (2) qualifying
medical marijuana patients or their caregivers, as long as the delivery
is made by someone authorized to do so under the bill (e.g., retailers,
dispensary facilities, or delivery services).
The bill also bars municipalities from prohibiting the transport of
cannabis or cannabis products to, from, or through the municipality by
anyone licensed or registered to do so.
Ban on Certain Actions and Local Host Agreements
The bill prohibits municipalities or local officials from conditioning
any official action, or accepting any donations, from any cannabis
establishment or from applicants for cannabis establishment licenses in
the municipality. The bill also bars municipalities from negotiating or
entering into a local host agreement with a cannabis establishment or
license applicant.
Charge for Initial Public Safety Costs
The bill allows municipalities, for the first 30 days after cannabis
retailers or hybrid retailers open, to charge them up to $50,000 for any
necessary and reasonable municipal costs for public safety services
related to the opening (such as for directing traffic).
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Existing law allows municipalities to regulate activities deemed
harmful to public health, including smoking, on municipally-owned
property. The bill broadens this to include property that a municipality
controls but does not own. It specifies that this regulatory authority
applies to (1) smoking tobacco or cannabis, including cannabis e-
cigarette use (i.e., electronic delivery systems and vapor products) and
(2) other types of cannabis use or consumption.
It allows municipalities to ban cannabis smoking (including e-
cigarette use) at outdoor sections of restaurants. Through regulations,
municipalities may set fines for violations, up to (1) $50 for individuals
or (2) $1,000 for businesses.
EFFECTIVE DATE: July 1, 2021, except for the smoking and related
provisions, which are effective October 1, 2021.
§ 85 — SCHOOL HEALTH SURVEY
Requires DPH to administer the Connecticut School Health Survey every two years to
high schools randomly selected by the CDC
The bill requires DPH, starting in the 2022-23 school year, to
administer the Connecticut School Health Survey every two years to
students in grades nine to 12. DPH must do so through (1) funding
from the National Centers for Disease Control and Prevention (CDC)
or (2) within existing appropriations. The survey must be based on the
CDC’s Youth Risk Behavior Survey.
The bill requires DPH to provide guidelines to local or regional
boards of education on administering the survey to high schools that
the CDC randomly selects to participate. The boards must administer
the survey to these schools following DPH’s guidelines, including the
(1) CDC’s survey protocol, (2) requirement to use passive parental
consent before administering the survey, (3) requirement for the
survey to be anonymous and designed to protect student privacy, (4)
timeframe for survey completion, and (5) process to submit the survey
results to DPH.
The bill allows DPH to develop additional survey questions that are
relevant to the health concerns of the state’s high school students. In 2021SB-00888-R000569-BA.DOCX
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doing so, DPH must consult with DMHAS, the Office of Early
Childhood, the Department of Children and Families (DCF), the
Department of Education, and any other agency or public interest
group the department deems necessary.
EFFECTIVE DATE: July 1, 2021
§§ 86 & 87 — CLEAN INDOOR AIR ACT
Extends existing law’s prohibition on smoking and e-cigarette use in certain
establishments and public areas to include cannabis, hemp, and electronic cannabis
delivery systems (ECDS); expands the locations where the prohibition applies; extends
existing signage requirements and penalties for smoking and e-cigarette use to cannabis,
hemp, and ECDS
The bill makes various changes affecting the prohibition of smoking
and e-cigarette use (i.e., electronic nicotine delivery systems and vapor
products) in certain establishments and public areas. It generally
expands the prohibition to include smoking cannabis and hemp and
using electronic cannabis delivery systems (ECDS).
EFFECTIVE DATE: October 1, 2021
Definitions
Smoking. The bill expands the statutory definition of “smoking” to
include using a lighted cigarette, cigar, pipe, or other similar device
that contains, in whole or in part, cannabis or hemp, in addition to
tobacco, as under current law. Under the bill, smoking means burning
these devices, instead of lighting or carrying them.
Electronic Cannabis Delivery System. The bill defines an ECDS
as an electronic device used to simulate smoking and deliver cannabis
to a person who inhales from it. This includes (1) vaporizers, electronic
pipes, and electronic hookahs and (2) related devices, cartridges, or
other components. It makes related conforming changes to the
statutory definitions of “electronic nicotine delivery systems” (ENDS)
and “vapor products.”
The bill also exempts from the statutory definition of ENDS, ECDS,
and e-cigarette liquid, a medical or therapeutic product that is (1) used
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setting; (2) used by a patient in any setting, as prescribed or directed
by a licensed health care provider; or (3) biological products that are
authorized for sale by the FDA and used to prevent, treat, or cure
diseases or injuries. (Existing law already exempts vapor products that
meet these requirements.)
Prohibited Locations
Current law prohibits smoking and e-cigarette use in various
locations, such as restaurants, health care institutions, and state or
municipal buildings. The bill additionally prohibits smoking cannabis
and hemp and using ECDS in these locations.
The bill provides that, for purposes of the ban on smoking and
using e-cigarettes or ECDS, “any area” of a facility, building, or
establishment includes outside areas that are within 25 feet of a
doorway, operable window, or air intake vent, in addition to the
premise’s interior.
The bill expands the law’s prohibited locations by including:
1. any area of a state- or municipally- owned, operated, or leased
building, instead of only inside the building;
2. any area of a school building, instead of only inside of it;
3. within or on the grounds of a family day care home, when a
child enrolled in the home is present during customary business
hours, instead of at any time the child is present;
4. any area of a retail establishment, rather than just a retail food
store, accessed by the public;
5. any area of a higher education dormitory, instead of only inside
it; and
6. any area of a halfway house.
The bill also eliminates current exemptions, thereby prohibiting
smoking and using e-cigarettes and ECDS, in the following locations: 2021SB-00888-R000569-BA.DOCX
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1. correctional facilities;
2. designated smoking areas in psychiatric facilities;
3. smoking rooms provided by employers for employees; and
4. up to 25% of guest rooms in hotels, motels, and similar lodging.
Exemptions
The bill extends the following existing exemptions from the
smoking and e-cigarette ban to include smoking cannabis or hemp and
ECDS use: (1) classrooms during smoking or e -cigarette
demonstrations that are part of a medical or scientific experiment or
lesson, (2) medical research sites where smoking or e-cigarette use is
integral to the research being conducted, (3) certain outdoor areas of
establishments serving alcohol, and (4) public housing projects.
The bill adds to current law’s exemptions from the ban on smoking
in certain locations (1) any location licensed for on-site cannabis
smoking or ECDS use and (2) “tobacco specialists.” It defines “tobacco
specialists” as businesses that sell tobacco products and generate at
least 75% of their annual gross income from on-site tobacco product
sales (excluding cannabis) and renting on-site humidors (i.e.,
humidity-controlled boxes or rooms to store cigars, cigarettes, or pipe
tobacco).
The bill provides that an area for smoking or e-cigarette use is not
required outside or within the entryway of any building, in addition to
inside any building, as under current law. The bill extends the
provision to also include the use of ECDS.
Posting Signs in Buildings
Under existing law, the person in control of any building in which
smoking and e-cigarette use are prohibited by state law must post or
have a sign posted in conspicuous places stating the prohibition. The
bill expands the requirement to include the prohibition against
smoking cannabis or hemp and using ECDS. 2021SB-00888-R000569-BA.DOCX
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Penalties
As under current law for smoking and e-cigarette use, a person
commits an infraction if he or she is found guilty of (1) smoking
cannabis or using an ECDS where doing so is prohibited by the bill, (2)
failing to post required signs, or (3) removing the signs without
authorization.
Additionally, the bill eliminates a provision in current law that
prohibits a person from being arrested for smoking or e-cigarette use
in a passenger elevator if there is a sign posted in the elevator
indicating that the smoking or e-cigarette use is prohibited.
§ 88 — WORKPLACE SMOKING BA N
Generally bans smoking (whether tobacco, cannabis, or hemp) and e-cigarette use in
workplaces, regardless of the number or employees
Subject to the exclusions below, the bill requires employers to ban
smoking and e-cigarette use in any area of the workplace, regardless of
the number of employees. It applies to both inside the workplace and
outside within 25 feet of a doorway, operable window, or air intake vent.
Under current law, an employer:
1. with five or more employees may designate employee smoking
rooms, if the employer also designates a sufficient number of
non-smoking break rooms, and
2. with fewer than five employees must establish non-smoking
work areas upon request.
The bill’s workplace smoking ban applies to (1) smoking tobacco,
cannabis, or hemp and (2) e-cigarette use (including cannabis). Current
law only applies to smoking tobacco.
Additionally, the bill specifies that it does not prohibit an employer
from designating as a non-smoking area the real property on which the
business facility is located, in addition to the facility itself as allowed
under existing law.
Exclusions
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certain business facilities. One example is certain areas of a business
that tests or develops tobacco; the bill extends these to businesses that
test or develop cannabis.
The bill also excludes all facilities that are exempted from the Clean
Indoor Air Act, as amended under the bill (see §§ 86 & 87). Current
law excludes some of these facilities (e.g., tobacco bars).
EFFECTIVE DATE: October 1, 2021
§ 89 — HOTELS AND CANNABIS
Requires hotels and motels to ban the smoking or vaping of cannabis, but otherwise
prohibits them from banning its use or possession in non-public areas
The bill requires hotels, motels, and similar lodging places to
prohibit the smoking or vaping of cannabis anywhere at the
establishment. Otherwise, it prohibits them from banning cannabis
use or possession in any nonpublic area of the establishment.
EFFECTIVE DATE: July 1, 2022
§ 90 — TENANTS AND CANNABIS
Restricts when landlords and property managers can refuse to rent to an individual due to
convictions, or take certain other actions, related to cannabis
Subject to the exceptions below, the bill prohibits landlords and
property managers from refusing to rent to, or otherwise
discriminating against, an existing or prospective tenant based on a
past conviction in Connecticut for possessing specified amounts of
cannabis, or in another jurisdiction for possessing four or fewer ounces
of cannabis (alone or in combination with an equivalent amount of
products).
For residential properties, it generally prohibits landlords and
property managers from banning cannabis possession or use, although
they may prohibit smoking or vaping cannabis.
Additionally, the bill generally provides that a tenant’s drug test
that solely yields a positive result for a specified metabolite of THC
cannot form the sole basis for refusing to lease or continuing to lease,
or otherwise penalizing the tenant, unless failing to do so would put 2021SB-00888-R000569-BA.DOCX
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the landlord in violation of a federal contract or cause the landlord to
lose federal funding.
These provisions do not apply to:
1. people renting a room and not the full dwelling;
2. residences incidental to detention or medical, geriatric,
educational, counseling, religious, or similar services;
3. transitional housing or sober living facilities; or
4. situations where failing to prohibit cannabis use or possession
would violate federal law or cause the landlord to lose a federal
financial or licensing-related benefit.
EFFECTIVE DATE: July 1, 2022
§ 91 — CANNABIS USE BANNED ON STATE LANDS OR WA TERS
Establishes penalties for using cannabis on state lands or waters managed by DEEP
The bill prohibits the use of cannabis or cannabis products on state
lands or waters managed by DEEP. It establishes a fine of up to $250
for these violations.
EFFECTIVE DATE: July 1, 2022
§ 92 — DEPARTMENT OF CORREC TION AUTHORITY TO BAN
CANNABIS
Authorizes DOC to ban cannabis possession by people under DOC custody
The bill specifically authorizes the Department of Correction (DOC)
to ban cannabis possession in any DOC facility or by anyone under
their custody.
EFFECTIVE DATE: July 1, 2021
§ 93 — POSITIVE DRUG TEST
Prohibits a positive drug test result that solely indicates a specified metabolite of THC
from being proof that an individual is impaired by cannabis without other additional
evidence
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result for a specified metabolite of THC (i.e., 11-nor-9-carboxy-delta-9-
tetrahydrocannabinol) must not be construed, without other evidence,
as proof that the individual is under the influence of, or impaired by,
cannabis. (It is not clear under what context this provision applies.)
EFFECTIVE DATE: July 1, 2022
§ 94 — MEDICAL PATIENTS, PARENTS, AND PREGNANT WOMEN
Provides certain protections for medical patients, parents, and pregnant women if traces of
cannabinoid metabolites are detected in their bodily fluids
The bill provides certain protections for medical patients, parents or
guardians of a child, or pregnant women if traces of cannabinoid
metabolites are detected in their bodily fluids. The presence of these
cannabinoid metabolites in a patient cannot constitute the use of an
illicit substance resulting in denial of medical care, including organ
transplantation, and a patient’s use of cannabis products may only be
considered with respect to evidence-based clinical criteria. For a parent
or legal guardian of a child or newborn infant, or a pregnant woman,
the presence of the cannabinoid metabolites cannot form the sole or
primary basis for any DCF action or proceeding.
This provision does not preclude any DCF action or proceeding
based on harm or risk of harm to a child, nor does it preclude the
department from using information on the presence of cannabinoid
metabolites in the bodily fluids of any person in any action or
proceeding.
EFFECTIVE DATE: July 1, 2021
§ 95 — POSITIVE STUDENT THC TESTS
Prohibits, with some exceptions, a positive drug test result that solely indicates a specified
metabolite of THC from being the sole basis for a school to penalize a student
The bill prohibits a student’s drug test that solely yields a positive
result for a specified metabolite of THC from being the sole basis for an
educational institution to refuse to enroll or continue to enroll, or
otherwise penalize, the student. The bill makes an exception in cases
where (1) failing to do so would put the educational institution in
violation of a federal contract or cause it to lose federal funding or (2) 2021SB-00888-R000569-BA.DOCX
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the student is being drug tested as required by the National Collegiate
Athletic Association (NCAA) and the penalization action taken is
required by NCAA policies.
EFFECTIVE DATE: July 1, 2021
§ 96 — BAN ON REVOKING FINANCIAL A ID OR EXPELLING
HIGHER EDUCATION STU DENTS
Generally bans institutions of higher education from (1) revoking financial aid or student
loans or (2) expelling a student, solely for use or possession of small amounts of cannabis
The bill bans any institution of higher education from (1) revoking
any financial aid or student loans or (2) expelling a student, solely for
use or possession of less than:
1. four ounces of cannabis plant material;
2. an equivalent amount of cannabis product, defined as (a) 20
grams of cannabis concentrate or (b) any other cannabis product
or products with up to 2,000 milligrams of THC; or
3. an equivalent amount of a combination of cannabis and
cannabis product, as described above.
This ban does not apply if (1) federal law requires revoking aid or
loans or expelling a student or (2) failing to take those actions would
violate a federal contract the educational institution holds or cause it to
lose federal funding. This applies to all public and private universities
and colleges in the state.
EFFECTIVE DATE: July 1, 2021
§§ 97-101 — EMPLOYMENT RELATED P ROVISIONS
Defines numerous terms including exempt employer and exempt employee; sets rules for
what employers are (1) banned from doing and (2) authorized to do under certain
conditions; specifies it does not limit an employer’s ability to require employees to submit
to drug testing; creates a civil action for employees aggrieved by a violation of the bill’s
employer limitations
Definitions (§ 97)
The bill establishes allowed and prohibited employer actions
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employers and employees from these requirements. The bill includes
the following definitions for the employment related provisions:
1. “employee” means any individual employed or permitted to
work by an employer, or an independent contractor;
2. “employer” means any owner, person, partnership, corporation,
limited liability company, or association acting directly as, on
behalf of, or in the interest of an employer in relation to
employees, including the state and its political subdivisions
(e.g., municipalities);
3. “exempted employee” means an employee holding an
exempted position or working for an exempted employer;
4. “exempted employer” means an employer whose prima ry
activity (as indicated in the bill by specific North American
Industry Classification System codes) is:
a. mining, including natural gas extraction;
b. utilities, including electric power generation and
distribution; nuclear, solar, and wind power generation;
and water and sewer systems;
c. construction, including residential, industrial, and
commercial;
d. manufacturing, including production of various
products, machinery, and instruments;
e. transportation or delivery, including air, rail, trucking,
couriers, and express delivery;
f. educational services, including Kindergarten to grade 12,
colleges, universities, and professional schools;
g. health care or social services, including physicians and
dentists offices, hospitals, community housing and
emergency services, and child day care services; 2021SB-00888-R000569-BA.DOCX
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h. justice and public safety activities, including, courts,
police, fire, legal counsel, and corrections; and
i. national security and international affairs, including
immigrations enforcement and State Department
diplomats.
Under the bill, an “exempted employer” includes any subdivision of
a business entity that is a standalone business unit that has its own
executive leadership, some or significant autonomy, and its own
financial statements and results.
Under the bill “exempted position” means a position:
1. as a firefighter or emergency medical technician;
2. as a police officer or peace officer, or in a position with a law
enforcement or investigative function at a state or local agency;
3. that requires driving a motor vehicle, for which federal or state
law requires an employee to submit to screening tests, including
any position requiring a commercial driver's license or any
position subject to drug testing under federal regulations
related to the U.S. Department of Transportation, the Federal
Aviation Administration, or the U.S. Coast Guard;
4. that requires a completion certification for a course in
construction safety and health approved by the federal
Occupational Safety and Health Administration;
5. that requires a federal Department of Defense or Department of
Energy national security clearance;
6. for which the bill’s employment provisions are inconsistent or
otherwise in conflict with (a) an employment contract or
collective bargaining agreement or (b) any provision of federal
law;
7. funded in whole or in part by a federal grant; 2021SB-00888-R000569-BA.DOCX
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8. providing supervision or care of children, medical patients, or
vulnerable persons;
9. with, in the employer’s determination, the potential to
adversely impact the health or safety of employees or the
public; or
10. at a nonprofit organization or corporation, the primary purpose
of which is to discourage use of cannabis products or any other
drug.
EFFECTIVE DATE: July 1, 2022
Employer Policy Requirements, Right to Maintain a Drug-Free
Workplace (§ 98)
The bill sets rules for what employers are (1) banned from doing or
(2) authorized to do.
The bill explicitly states that no employer will be required to make
accommodations for an employee or be required to allow an employee
to (1) perform his or her duties while under the influence of cannabis
or (2) possess, use, or otherwise consume cannabis while performing
work duties, except for possession of medical marijuana by a
qualifying patient under state law.
The bill defines “workplace” as the (1) employer’s premises,
including any building, real property, and parking area under the
employer’s control; (2) area used by an employee while performing job
duties; and (3) employer's vehicles, whether leased, rented, or owned.
Employer Policy Prohibiting Possession or Use by Employees.
The bill permits an employer to implement a policy prohibiting
cannabis possession, use, or other consumption by an employee,
except for possession of medical marijuana by a qualifying patient
under the same law. (Presumably, the policy can apply to cannabis
possession or use either at work or outside the workplace.) Under the
bill, as under existing law, an employer cannot refuse to hire a person
or discharge, penalize, or threaten an employee due to the individual’s 2021SB-00888-R000569-BA.DOCX
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status as a qualifying patient or caregiver under the medical marijuana
law.
But the bill requires that the policy be (1) in writing in either
physical or electronic form and (2) made available to each employee
before the policy’s enactment. The employer must also provide the
policy to each prospective employee when making an offer or
conditional offer of employment.
Employer Action Against an Employee. The bill generally bans an
employer from holding against an employee the use of cannabis
products prior to employment except in limited situations. It prohibits
employers from taking certain actions against an employee or
prospective employee because he or she had or had not smoked,
vaped, aerosolized or otherwise used cannabis products outside of the
workplace before he or she was employed by the employer, unless
failing to do so would put the employer in violation of a federal
contract or cause it to lose federal funding. The prohibited actions are
discharging or taking any adverse action with respect to
compensation, terms, conditions, refusal to hire, or other privileges of
employment.
However, the bill permits an employer to prohibit cannabis use
outside the workplace if the employer has adopted a policy under the
bill’s conditions that includes the prohibition. It prohibits an employer
from discharging or taking an adverse action against any employee
with respect to compensation, terms, conditions or other privileges of
employment because the employee does or does not smoke, vape,
aerosolize or otherwise use cannabis products outside of the
workplace, unless the employer’s action is under a policy the employer
adopted as described above. Thus, the bill allows an employer’s policy
to prohibit cannabis use outside of the workplace.
Drug and Alcohol-Free Workplace and Reasonable Suspicion.
Under the bill, nothing in its employment related provisions (§§ 97 to
101) requires an employer to amend, repeal, affect, restrict, or preempt
the rights and obligations of employers to maintain a drug- and 2021SB-00888-R000569-BA.DOCX
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alcohol-free workplace.
Furthermore, the bill does not limit an employer from taking
appropriate employment action upon (1) reasonable suspicion of an
employee’s use of cannabis while engaged in the employee’s work
responsibilities at the workplace or on call or (2) determining that an
employee shows specific, articulable symptoms of drug impairment
while working at the workplace or on call. These signs of impairment
must decrease or lessen the employee's performance of the duties or
tasks of the employee’s job position. They include:
1. symptoms of the employee’s speech, physical dexterity, agility,
coordination, demeanor, irrational or unusual behavior;
2. negligence or carelessness in operating equipment o r
machinery;
3. disregard for the safety of the employee or others, or
involvement in an accident that results in serious damage to
equipment or property;
4. disruption of a production or manufacturing process; or
5. carelessness that results in an injury to the employee or others.
Under the bill, “on call” means a period of time for which an
employee is (1) scheduled by his or her employer or supervisor, with
at least 24-hours’ notice, to be on standby for performing tasks related
to his or her employment, either at the employer’s premises or other
designated location to perform a work-related task, and (2) being
compensated for the scheduled time.
Exempted Employers and Employees. The bill’s provisions
regarding employer policies and limits on when an employer can take
adverse action against an employee do not apply to an exempted
employer or to any employee who holds or is applying for an
exempted position.
Employer Drug Testing (§§ 98(d)(2) & 99) 2021SB-00888-R000569-BA.DOCX
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The bill further provides that nothing in its employment related
provisions (§§ 97 to 101) limits or prevents an employer from
subjecting an employee or applicant (1) to drug testing or a fitness for
duty evaluation or (2) from taking adverse action under an employer
policy established under the bill’s criteria, including disciplining an
employee, terminating employment, or rescinding a conditional job
offer to a prospective employee.
A drug test of a prospective or existing employee, other than a
prospective or existing exempted employee, that solely yields a
positive result for a specified metabolite of THC, cannot be the sole
basis for a refusal to employ or continue to employ or to otherwise
penalize the prospective or current employee, unless:
1. failing to do so would put the employer in violation of a federal
contract or cause it to lose federal funding;
2. the employer reasonably suspects an employee uses cannabis
while performing work responsibilities;
3. the employee manifests specific, articulable symptoms of drug
impairment while working that decrease or lessen the
employee’s work performance, including the same signs of
impairment included above for reasonable suspicion; or
4. (a) the drug test is under a random drug testing policy
established by the employer that meets the bill’s policy
standards or was for a prospective employee with a conditional
job offer, and (b) the employer has established in the policy that
a positive drug test for the specified metabolite of THC may
result in an adverse employment action (this does not apply to a
qualifying patient or caregiver under the medical marijuana
law).
Existing law, unchanged by the bill, sets additional specific criteria
that must be met before an employer can require randomized drug
tests ((CGS § 31-51x), see Background). 2021SB-00888-R000569-BA.DOCX
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EFFECTIVE DATE: July 1, 2022
Employee Recourse (§ 100)
With certain exceptions detailed in the bill, an employee or
perspective employee aggrieved by a violation of the bill’s employer
limitations may bring a civil action in the Superior Court for the
district where the violation is alleged to have occurred, or where the
employer has its principal office, within 90 days after the alleged
violation. Actions alleging violations involving a state agency may be
brought in the Superior Court for the judicial district of Hartford.
Under the bill, individuals who prevail in a civil action may be
awarded reinstatement to their previous employment or job offer, and
the court must award payment of back wages and reasonable
attorney’s fees and costs.
The bill also establishes situations where a cause of action cannot be
made. It cannot be construed to create or imply a cause of action for
any person against an employer:
1. for an employer’s actions based on good faith belief that an
employee used or possessed cannabis (except a qualifying
patient possessing palliative cannabis under the state medical
marijuana law) in the employer’s workplace, while performing
the employee’s job duties, during work hours, or while on call
in violation of the employer’s employment policies;
2. for actions taken, including discipline or termination of
employment, based on the employer’s good faith belief that,
due to cannabis use, an employee was unfit for duty or
impaired or under the influence of cannabis while at the
employer's workplace, while performing the employee’s job
duties, during work hours or while on call in violation of the
employer's workplace drug policy;
3. for injury, loss, or liability to a third party if the employer
neither knew nor had reason to know that the employee was
impaired by cannabis; 2021SB-00888-R000569-BA.DOCX
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4. for subjecting an employee to drug testing or a fitness for duty
evaluation, pursuant to an employer’s policy established under
the bill’s criteria; or
5. if the employer is an exempted employer or the claims are
regarding an exempted position.
The bill also specifies that it does not create or imply a cause of
action against an employer for subjecting a prospective employee to
drug testing or taking adverse action against a prospective employee,
including rescinding a conditional job offer, based on the results of a
drug test. However, an employer cannot take adverse action against a
prospective employee over a drug test that is solely positive for a
specified metabolite of THC unless (1) the employer is an exempted
employer, (2) the prospective employee is applying for an exempted
position, or (3) the employer has an employment policy, established
under the bill’s conditions, that a positive drug test for specified
metabolite of THC may result in adverse employment action.
Under the bill, “work hours” are, for a nonexempt employee under
the federal Fair Labor Standards Act, any period of time for which the
employee is compensated by an employer.
The bill supersedes certain labor statutes (CGS Chapter 557, Labor
Regulation) and provides that no employer, officer, agent or other
person who violates any employment provision of the bill (§§ 98-101)
is liable to the Labor Department (DOL) for a civil penalty. Also, DOL
cannot investigate an employer, officer, agent or other person based
solely on an allegation that they violated the bill’s enforcement
provisions.
EFFECTIVE DATE: July 1, 2022
Exempted Employment Situations (§ 101)
The bill explicitly does not apply to drug testing, conditions of
continued employment, or conditions for hiring employees required
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1. federal Department of Transportation regulations that require
testing a prospective employee under the department’s
administrative procedures (49 C.F.R. 40);
2. any state agency regulations that adopt a federal regulation for
purposes of enforcement with respect to intrastate commerce;
3. any contract entered into between the federal government and
an employer or any grant of financial assistance from the federal
government to an employer that requires drug testing
prospective employees as a condition of the contract or grant;
4. any federal law or state statute, regulation, or order that
requires drug testing prospective employees for safety or
security purposes; or
5. any applicant whose prospective employer is a party to a
collective bargaining agreement that specifically addresses drug
testing, conditions of hiring, or conditions of continued
employment of the applicant.
Also, the bill explicitly excludes contracts between a hospital or
other medical organization and medical staff (as defined in federal
regulations) or a hospital’s or other medical organization’s standards
for credentialing its medical staff.
EFFECTIVE DATE: July 1, 2021
Background — Employee Drug Testing Law
By law, an employer can only require random urinalysis drug
testing if (1) the test is authorized under federal law; (2) the employee
(a) serves in an occupation that has been designated as a high-risk or
safety-sensitive occupation under state DOL regulations or (b) is
employed to operate a school bus or a student transportation vehicle,
as defined in state law; or (3) the urinalysis is part of an employer-
sponsored or authorized employee assistance program in which the
employee voluntarily participates (CGS § 31-51x). 2021SB-00888-R000569-BA.DOCX
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State law requires an employer to obtain a second, confirming
urinalysis test result of an employee before the results can be used in
employment decisions. The second test must be separate and
independent from the initial test, using a gas chromatography and
mass spectrometry methodology or a methodology that the public
health commissioner has determined to be as reliable or more reliable
than the gas chromatography and mass spectrometry methodology
(CGS § 31-51u).
§§ 102-104 — CANNABIS CONTROL COM MISSION POWERS,
DUTIES, AND PROCEDUR ES
Places the Cannabis Control Commission within the DCP’s boards and commissions and
extends specified powers and duties to the commission
Powers and Duties
The bill places the Cannabis Control Commission within DCP and
generally extends to the commission the powers and duties granted
under existing law to other DCP boards and commissions. These
powers and duties include the following:
1. exercising its statutory functions;
2. issuing (a) appropriate orders to any person found to be
violating an applicable statute or regulation providing for the
immediate discontinuance of the violation, (b) an order
requiring the violator to make restitution for any damage
caused by the violation, or (c) both;
3. petitioning the Superior Court for the judicial district where the
violation occurred, or where the person committing the
violation resides or transacts business, to enforce a commission
order and for appropriate temporary relief or a restraining
order;
4. conducting hearings on any matter within its statutory
jurisdiction in accordance with the UAPA and DCP’s Uniform
Rules of Procedure Concerning Boards and Commissions
(Conn. Agency Regs., § 21a-9-1 et seq.); 2021SB-00888-R000569-BA.DOCX
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5. requesting the DCP commissioner to investigate and make
findings and recommendations regarding any matter within the
commission’s statutory jurisdiction;
6. recommending rules and regulations for the DCP commissioner
to adopt and reviewing and commenting on proposed rules and
regulations before their adoption by the commissioner;
7. meeting at least once in each calendar quarter and at other times
as the chairperson or the DCP commissioner deems necessary;
and
8. taking certain disciplinary actions, based on specified grounds,
including (a) revoking or suspending a license, registration, or
certificate, (b) issuing letters of reprimand, and (c) placing a
person on probationary status.
Existing law generally requires DCP boards and commissions that
make a proposed final decision that is adverse to a party to submit the
actions to the DCP commissioner who subsequently issues the final
decision. The bill exempts the Cannabis Control Commission from this
requirement, thus allowing it to make final decisions. The law
provides the same exemption for the Liquor Control Commission.
Procedures
As under existing law for other DCP boards and commissions, the
bill requires a majority of the Cannabis Commission members to
constitute a quorum. Members who fail to attend three consecutive
meetings or half of the meetings in any calendar year are deemed to
have resigned. Members may not serve more than two consecutive full
terms, but they may continue to serve until a successor is appointed or
approved. They are not compensated for their services but may be
reimbursed for any necessary expenses they incur in performing their
duties.
DCP Powers and Duties Related to the Commission
The bill exempts the Cannabis Control Commission from the
requirement that DCP provide certain functions to its board and 2021SB-00888-R000569-BA.DOCX
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commissions, including budgeting, hiring, management, and
investigatory functions. Existing law also exempts the Liquor Control
Commission from this requirement.
EFFECTIVE DATE: July 1, 2021
§ 105 — PENALTIES FOR SALES TO UNDERAGE PE RSONS
Establishes misdemeanor penalties for cannabis establishments and employees who sell to
people under age 21
Under the bill, cannabis establishment licensees, or their servants or
agents, who sell or deliver cannabis or cannabis products to people
under age 21 are guilty of a class A misdemeanor, punishable by up to
one year in prison, a fine of up to $2,000, or both.
EFFECTIVE DATE: July 1, 2022
§ 106 — PHOTO IDENTIFICATION
Allows cannabis establishments and their employees to require customers to have their
photos taken or show IDs to prove their age and provides an affirmative defense for relying
on these documents; otherwise limits the use of these photos or information; allows DCP
to require cannabis establishments to use an online age verification system
Under the bill, licensed cannabis establishments, or their agents or
employees, may require identification as a condition of sale for people
whose age is in question. Specifically, (1) they may require these
people to have their photographs taken or (2) make a copy of their
driver’s license or non-driver identification (ID) card.
They are prohibited from using these photographs or photocopies
(or information derived from them) for any other purpose. This
includes selling or otherwise distributing these items to third parties
for any purpose, including marketing, advertising, or promotional
activities. But they may release these items pursuant to a court order.
Affirmative Defense
The bill provides an affirmative defense for cannabis establishment
licensees, or their agents or employees, if they are prosecuted for
selling to underage individuals.
This defense applies if (1) they sold or delivered cannabis or 2021SB-00888-R000569-BA.DOCX
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cannabis products to the person in good faith and in reasonable
reliance on the identification presented and (2) photographed the
person and made a copy of the identification. To support their defense,
they may introduce evidence of the photograph and ID copy.
Online System
The bill also allows the DCP commissioner to require cannabis
establishments to use an online age verification system.
EFFECTIVE DATE: January 1, 2022
§ 107 — PENALTIES FOR INDUCI NG UNDERAGE PERSONS TO
BUY CANNABIS
Establishes misdemeanor penalties for inducing someone under age 21 to buy cannabis
Under the bill, anyone who induces someone under age 21 to
procure cannabis or cannabis products from a licensed seller is guilty
of a class A misdemeanor.
This penalty does not apply to (1) 18- to 20-year-old registered
employees of cannabis establishments when acting in the course of
their employment or business or (2) inducement that furthers a law
enforcement agency’s official investigation or enforcement activity.
These provisions do not prevent actions against cannabis sellers
who sold to underage individuals who were participating in such an
investigation or enforcement activity.
EFFECTIVE DATE: January 1, 2022
§ 108 — IDENTIFICATION USE A ND PENALTIES FOR
ATTEMPTED PURCHASES BY UNDERAGE PERSONS
Allows driver’s licenses and non-driver ID cards to be used to prove age for buying
cannabis; establishes penalties for underage persons who misrepresent their age or use
someone else’s license in an attempt to buy cannabis
The bill authorizes (1) anyone who is at least age 21 and has a
driver’s license or non-driver ID card with a full-face photograph to
use it to prove age when buying cannabis or cannabis products and (2)
cannabis businesses to accept it as legal proof of age. 2021SB-00888-R000569-BA.DOCX
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The bill subjects anyone who misrepresents his or her age, or uses
another person’s license, to obtain cannabis or cannabis products to a
fine of up to $250 for a first offense. A subsequent offense is a class D
misdemeanor, punishable by up to 30 days in prison, a fine of up to
$250, or both.
These penalties do not apply to someone who works for or on
behalf of a state agency testing retailers’ age verification and product
controls, while performing these duties.
EFFECTIVE DATE: January 1, 2022
§ 109 — PENALTIES FOR ALLOWI NG UNDERAGE PERSONS TO
POSSESS CANNABIS AT A PERSON’S PROPERTY
Makes it a class A misdemeanor for someone in control of a home or private property to
allow someone under age 21 to possess cannabis there
The bill makes it a class A misdemeanor for someone who
possesses or controls a dwelling unit or private property to:
1. knowingly or recklessly allow someone under age 21 to illegally
possess cannabis or cannabis products on the property or
2. fail to make reasonable efforts to stop this possession on the
property when he or she knows an underage person possesses
these items illegally.
EFFECTIVE DATE: January 1, 2022
§ 110 — PROHIBITION ON ALLOW ING UNDERAGE PERSONS TO
LOITER AT CANNABIS RETAILERS
Establishes penalties for cannabis retailers or hybrid retailers who allow underage
individuals to loiter or enter certain parts of the establishment
The bill generally prohibits cannabis retailers or hybrid retailers,
and their employees or agents, from allowing people under age 21 to
(1) loiter on the premises where cannabis is kept for sale or (2) be in
any room where cannabis is consumed.
These provisions do not apply if the underage person is (1) an
employee of the business, (2) a medical marijuana patient at a hybrid 2021SB-00888-R000569-BA.DOCX
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retailer’s establishment, or (3) accompanied by a parent or guardian.
Under the bill, a first violation is punishable by a fine of up to
$1,000. A subsequent violation is a class B misdemeanor, punishable
by up to six months in prison, a fine of up to $1,000, or both.
EFFECTIVE DATE: January 1, 2022
§ 111 — UNDERAGE PERSONS POS SESSING ALCOHOL AT A
PERSON’S PROPERTY
Narrows the existing crime of allowing underage persons to possess alcohol at a property,
by eliminating criminal negligence as a sufficient mental state for this crime
Under existing law, it is generally a class A misdemeanor for
someone who possesses or controls a dwelling unit or private property
to allow someone under age 21 to illegally possess alcohol on the
property.
Currently, this applies if the person knowingly, recklessly, or with
criminal negligence allowed this to occur. The bill eliminates criminal
negligence as one of the mental states that could lead to criminal
liability under this law. Generally, a person acts recklessly when he or
she is aware of a substantial risk but disregards it, while a person acts
with criminal negligence when he or she fails to perceive such a risk; in
either case, ignoring or failing to perceive the risk must be clearly
unreasonable.
EFFECTIVE DATE: January 1, 2022
§§ 112 & 113 — CANNABIS USE IN MOTO R VEHICLES
Makes it a (1) class C misdemeanor to smoke, otherwise inhale, or ingest cannabis while
driving a motor vehicle and (2) class D misdemeanor to smoke cannabis in a motor vehicle
The bill makes it a class C misdemeanor to smoke, otherwise inhale,
or ingest cannabis products while driving a motor vehicle. It makes it a
class D misdemeanor to smoke cannabis as a passenger in a motor
vehicle. (It is unclear whether the prohibition on driving while
smoking or ingesting cannabis products also applies to cannabis.) A
class C misdemeanor is punishable by up to three months in prison, a
fine of up to $500, or both, and a class D misdemeanor is punishable by
up to 30 days in prison, a fine of up to $250, or both. 2021SB-00888-R000569-BA.DOCX
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In either case, the bill applies to doing these things in a vehicle
operated (1) on a public highway, (2) on a road of a specially chartered
municipal association or roadway district, (3) in a parking area for 10
or more cars, (4) on school property, or (5) on a private road with a
speed limit set pursuant to state law.
Under the bill, someone cannot be convicted of both possession of a
controlled substance and smoking, otherwise inhaling, or ingesting
cannabis products while driving for the same incident. But someone
may be charged and prosecuted for either or both offenses, driving
under the influence, and any other applicable offense upon the same
information. Relatedly, someone cannot be convicted of both
possessing a controlled substance and smoking cannabis in a motor
vehicle for the same incident, but he or she may be charge and
prosecuted for both offenses upon the same information.
EFFECTIVE DATE: October 1, 2021
§ 114 — DRUG RECOGNITION EXP ERTS AND ADVANCED
ROADSIDE IMPAIRED DR IVING ENFORCEMENT
Requires POST and DOT to determine the number of drug recognition experts needed;
requires certain officers to be trained in advanced roadside impaired driving enforcement;
and requires related training plans
The bill requires the Police Officer Standards and Training Council
(POST), in conjunction with the Department of Transportation’s (DOT)
Highway Safety Office, to determine how many accredited drug
recognition experts (DREs) are needed to respond to impaired driving.
It also requires (1) certain officers to be trained in advanced roadside
impaired driving enforcement (ARIDE) and (2) training plans for both
DREs and ARIDE.
Under the bill, a DRE is someone certified by the International
Association of Chiefs of Police as having met all requirements of the
International Drug Evaluation and Classification Program. ARIDE is a
program developed by the National Highway Traffic Safety
Administration (NHTSA) with the International Association of Chiefs
of Police (IACP) and the Technical Advisory Panel, or a successor
program, that focuses on impaired driving enforcement education for 2021SB-00888-R000569-BA.DOCX
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police officers.
Determining Minimum Number of DREs
By January 1, 2022, the bill requires each law enforcement unit to
report to POST, in a manner it specifies, a recommendation for the
minimum number of officers that it should have accredited as DREs to
respond to impaired driving. In making the recommendations, units
may consider that they may call on other units’ DREs, as needed and
available. A recommendation must be based on (1) DOT impaired
driving data and (2) and POST-issued guidance.
The bill requires POST, in conjunction with DOT’s Highway Safety
Office, to determine the minimum number of police officers to be
accredited as DREs for each law enforcement unit, considering
recommendations from law enforcement units. POST and the office
must (1) submit their first determination to the governor and OPM
secretary by July 1, 2022, and (2) update and submit the determination
at least every three years.
By April 1, 2022, POST must develop and promulgate a model DRE
policy to ensure that enough police officers in each unit become
trained DREs to meet the minimum requirement POST determines.
And by October 1, 2022, each law enforcement unit must adopt and
maintain a written policy that at least meets the standards in POST’s
policy.
DRE and ARIDE Training
POST and DOT’s Highway Safety Office must jointly (1) issue a
plan, by January 1, 2022, to increase access to ARIDE training and DRE
training for police officers and law enforcement units and (2) update
the plan triennially. Beginning on that same date, the bill requires each
police officer who has not been recertified for the second time after his
or her initial certification to be trained and certified in ARIDE before
being recertified.
EFFECTIVE DATE: July 1, 2021
§ 116 — DRIVING UNDER THE INFLUENCE (DUI) 2021SB-00888-R000569-BA.DOCX
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Modifies the state’s DUI law, including allowing drug influence evaluations to be
admitted as evidence, allowing courts to take judicial notice of THC’s effects, and
providing immunity to people who draw blood at a police officer’s direction
The bill makes changes to the state’s DUI law, including allowing
DREs to testify in court, allowing courts to take judicial notice of
THC’s effects, and providing civil immunity to people who draw
blood at a police officer’s direction.
The DUI law prohibits driving a motor vehicle (1) while under the
influence of alcohol or drugs (or both) or (2) with an elevated blood
alcohol content (BAC) (i.e., at least .08% for non-commercial vehicle
drivers, .04% for commercial vehicle drivers, or .02% for drivers under
age 21). It applies to drivers operating motor vehicles anywhere,
including their own property, and to people operating snowmobiles
and all-terrain vehicles. The law imposes various penalties for DUI,
including prison terms, fines, and license suspensions (see Background).
EFFECTIVE DATE: April 1, 2022
Drug Influence Evaluations and DRE Testimony
Under the bill, a DRE, at the court’s discretion, may testify about his
or her opinion or otherwise on the significance of the symptoms of
impairment or intoxication (1) for which evidence was admitted or (2)
on the condition that the evidence be introduced.
The bill also allows evidence that a defendant refused to submit to
the nontestimonial portion of a drug influence evaluation to be
admissible as evidence under the same conditions. As under current
law with test refusal, in cases tried by jury, the court must instruct the
jury as to the inferences that may or may not be drawn from the
defendant’s refusal to submit to the evaluation.
A “drug influence evaluation” is a twelve-part evaluation
developed by NHTSA and IACP that a DRE conducts to determine (1)
a person’s impairment level from using drugs and (2) the drug
category causing the impairment (see Background). The
“nontestimonial portion of a drug influence evaluation” is a drug
influence evaluation that does not include a verbal interview with the 2021SB-00888-R000569-BA.DOCX
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subject.
Judicial Notice of Effects of THC
In a DUI prosecution alleging that a defendant’s driving was
impaired wholly or partially by consuming cannabis, cannabis
products, or THC, the bill allows a court to take judicial notice that
ingesting THC (1) can impair a person’s driving ability, motor
function, reaction time, tracking ability, cognitive attention, decision-
making, judgment, perception, peripheral vision, impulse control, and
memory and (2) does not enhance a person’s ability to drive a motor
vehicle safely.
Immunity for People Drawing Blood
The bill generally gives immunity from civil liability to a (1)
qualified person who draws someone’s blood at the request of a police
officer acting according to DUI law or laws on blood samples after
accidents resulting in death or serious injury and (2) hospital, lab, or
clinic that employs the person or uses his or her services. This
immunity does not apply if the person’s actions while drawing blood
constitute gross negligence.
Background — Penalties for DUI
A person convicted of DUI is subject to the criminal penalties listed
in the table below. The law considers a subsequent conviction one that
occurs within 10 years after a prior conviction for the same offense
(CGS § 14-227a(g)). Higher penalties apply for DUI (1) with a child
passenger (CGS § 14-227m) or (2) while operating a school bus, student
transportation vehicle, or other vehicle specifically designed to carry
children (CGS § 14-227n).
General DUI Penalties
Conviction Prison Sentence Fine License Suspension
First Either (1) up to six
months with a mandatory
minimum of two days or
(2) up to six months
suspended with probation
requiring 100 hours of
$500-
$1,000
45 days, followed by one
year driving only a vehicle
equipped with an ignition
interlock 2021SB-00888-R000569-BA.DOCX
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community service
Second Up to two years, with a
mandatory minimum of
120 consecutive days and
probation with 100 hours
community service
$1,000-
$4,000
45 days, followed by three
years of driving only a
vehicle equipped with an
ignition interlock, with
operation for the first year
limited to travel to or from
work, school, a treatment
program, an ignition interlock
service center, or a probation
appointment
Third and
Subsequent
Up to three years, with a
mandatory minimum of
one year and probation
with 100 hours community
service
$2,000-
$8,000
License revoked, but the
offender is eligible for
reinstatement after two years
(if reinstated, he or she must
drive only interlock-equipped
vehicles, except that the
DMV commissioner may lift
this requirement after 15
years)
License suspension for conviction of a criminal DUI charge is in
addition to any previously imposed administrative license suspension
under the implied consent law. In addition to these penalties, the court
can order a driver to participate in an alcohol education and treatment
program (CGS § 14- 227a (j)).
Background — DRE 12-Step Drug Influence Evaluation
The 12 steps of a drug influence evaluation conducted by a DRE are:
1. breath alcohol test, to determine BAC;
2. interview of the arresting officer, to determine what he or she
saw or heard that could indicate drug use;
3. preliminary examination, to determine whether to continue the
evaluation;
4. eye examination for evidence of involuntary eye jerking and
other effects; 2021SB-00888-R000569-BA.DOCX
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5. divided attention tests, such as finger-to-nose tests and one leg
stands;
6. vital sign examinations;
7. dark room examinations, for changes in the pupils with changes
in light;
8. muscle tone examination, to see if muscles are markedly tense
or flaccid;
9. examination for injection sites;
10. interview of the subject and logging other observations;
11. recording the evaluator’s opinion, based on the above tests; and
12. toxicological examination.
§ 117 — ALCOHOL EDUCATION AN D TREATMENT PROGRAM
Specifies that the court can require people convicted of DUI to attend an alcohol education
and treatment program if they drove under the influence of alcohol or both alcohol and
drugs
The law allows the court to require someone convicted of DUI to
participate in an alcohol education and treatment program. The bill
specifies that the court can require this for people who drove under the
influence of alcohol or both alcohol and drugs.
EFFECTIVE DATE: April 1, 2022
§ 118 — ADMINISTRATIVE PER S E LICENSE SUSPENSION
PROCESS
Makes changes to the administrative per se process, including (1) expanding it to include
procedures for imposing penalties on drivers without an elevated BAC but found to be
driving under the influence based on behavioral impairment evidence and (2) applying the
existing per se process to operators who refuse the nontestimonial portion of a drug
influence evaluation
By law, someone arrested for DUI is subject to administrative
licensing sanctions through DMV, in addition to criminal prosecution.
This process is referred to as “administrative per se,” and the sanctions
may occur when (1) a driver refuses to submit to a blood, breath, or 2021SB-00888-R000569-BA.DOCX
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urine test or (2) a test indicates an elevated BAC. However, under
current law, DMV is unable to suspend drug-impaired drivers that do
not have an elevated BAC.
Principally, the bill expands the administrative per se process to
include procedures for imposing licensing sanctions and other
penalties on drivers that do not have an elevated BAC but are found to
be driving under the influence based on evidence of behavioral
impairment, among other things. Existing law allows evidence of
behavioral impairment to support a DUI conviction.
The bill also applies the existing per se process to drivers who refuse
to consent to the bill’s nontestimonial portion of a drug influence
evaluation and makes various other changes to the process.
EFFECTIVE DATE: April 1, 2022
Implied Consent for Drug Influence Evaluations (§ 118(a))
Under existing law, motor vehicle drivers consent to chemical tests
of their blood, breath, or urine when they drive, and if a driver is a
minor, the law deems his or her parents to have consented. Under the
bill, drivers (or their parents) also consent to a nontestimonial portion
of a DRE-conducted drug influence evaluation.
Requests for Drug Influence Evaluations (§ 118(b))
Existing law allows a police officer who arrests a person for DUI to
request that he or she submit to a blood, breath, or urine test under
certain conditions. The bill allows the officer to also ask the person to
submit to (1) a drug influence evaluation conducted by a DRE or (2)
both a drug influence evaluation and a blood, breath, or urine test.
The bill generally applies the conditions in existing law for
requesting blood, breath, or urine tests to requests for drug influence
evaluations. Thus, under the bill, a police officer may ask someone to
submit to a blood, breath, or urine test, or a drug influence evaluation
only after he or she is:
1. informed of his or her constitutional rights; 2021SB-00888-R000569-BA.DOCX
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2. given reasonable opportunity to contact an attorney before the
test or evaluation occurs;
3. informed that evidence of refusal to submit to a test or
evaluation is admissible as evidence in the prosecution of DUI
cases, except that refusing to submit to the testimonial portions
of drug influence evaluations is not refusal evidence; and
4. informed that his or her license or operating privilege may be
suspended under administrative per se procedures if (a) he or
she refuses a test or the nontestimonial portion of a drug
influence evaluation or submits to a test and the results indicate
an elevated BAC or (b) the officer, through his or her
investigation, concludes that the person was driving under the
influence of intoxicating liquor, a drug, or both.
Existing law prohibits giving a test if the subject refuses it. It
requires police officers, when someone refuses or is unable to submit
to a blood test, to designate a different type of test to be taken. If a test
is refused, the officer must officially note that he or she informed the
person of the conditions under which the license or driving privilege
could be suspended by the refusal.
The bill extends this refusal procedure to requests for drug
influence evaluations. It also specifies that if someone submits to a
breath test and the results indicate that the person does not have an
elevated BAC, the police officer may ask him or her to take a different
type of test. But if he or she refuses to submit to a blood test, the officer
must designate that a urine test be taken.
Arrest Reports and 24-Hour Suspension (§ 118(c) & (d))
The bill (1) adds refusing the nontestimonial portion of a drug
influence evaluation to the existing arrest reporting and 24-hour
suspension procedures and (2) establishes a similar procedure for
people who are arrested for DUI but not asked to take a test or whose
results do not indicate an elevated BAC.
The bill also specifies that an officer’s failure to transmit these 2021SB-00888-R000569-BA.DOCX
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reports within three business days, as the law requires, does not affect
a license or operating privilege suspension decision or the report’s
admissibility in a hearing (see below).
Refusing Test or Elevated BAC. Under existing law, if a person
refuses to submit to a blood, breath, or urine test, or submits to a test
within two hours after driving and the results indicate the person has
an elevated BAC, the police officer, acting on behalf of DMV, must
immediately, and for a 24-hour period, (1) revoke and take possession
of the person’s driver’s license and (2) suspend his or her operating
privilege, if he or she is a nonresident. Under the bill, an officer must
do the same if a person refuses a drug influence evaluation.
No Test Requested or No Elevated BAC. Under the bill, if an
officer arrests someone for DUI but does not ask the person to submit
to a blood, breath, or urine test, or gets results indicating that the
person does not have an elevated BAC, the officer must (1) advise the
person that his or her license or operating privilege may be suspended
through the administrative per se process if he or she concludes,
through his or her investigation, that the person was driving under the
influence of alcohol, drugs, or both and (2) submit a report on the
arrest and evidence.
The bill requires the report to be submitted under existing law’s
procedures, and if the report includes test results that indicate no
elevated BAC, it must conform to the requirements for reports on test
results that do indicate elevated BAC. In these reports, the officer must
document (1) the basis for believing that there was probable cause to
arrest the person for DUI and (2) if he or she concluded, through his or
her investigation, that the person was driving under the influence of
alcohol, drugs, or both.
Under the bill, if the officer believes substantial evidence of DUI
exists, he or she must immediately, and for a 24-hour period, (1)
revoke and take possession of the person’s driver’s license or (2) if the
person is unlicensed or a nonresident, suspend their operating
privilege. 2021SB-00888-R000569-BA.DOCX
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Laboratory Analysis of Blood or Urine. The bill eliminates
provisions in current law that:
1. prohibit an officer, if a blood or urine test specimen requires
laboratory analysis, from (a) taking possession of a person’s
license or suspending his or her operating privilege or (b)
sending an arrest report to the commissioner and
2. require, if the lab results show an elevated BAC, the officer to
immediately notify and send the report to DMV.
DMV License Suspension (§ 118(e))
Under current law, after receiving a report, the DMV commissioner
may suspend a person’s license, which must start on a date no later
than 30 days after the person received notice of their arrest by the
police officer. The bill instead requires that the date be within 30 days
before the later of the date the person received the (1) notice of the
person’s arrest or (2) results of a blood or urine test or a drug influence
evaluation.
The suspension lasts for 45 days and is followed by a mandatory
period of ignition interlock device use (see below).
Hearing. By law, people subject to this license suspension are
entitled to a hearing before the suspension takes effect. They may do so
by contacting DMV within seven days after the suspension notice’s
mailing date.
Under the bill, the hearing for someone who was not asked to take a
blood, urine, or breath test or whose test results did not indicate an
elevated BAC, is limited to determining the following issues, which are
substantially similar to those under existing law’s per se process:
1. if police officer had probable cause to arrest the person for DUI;
2. was the person arrested;
3. is there substantial evidence to conclude that the person was
driving a vehicle under the influence of alcohol, drugs, or both; 2021SB-00888-R000569-BA.DOCX
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and
4. was the person driving the vehicle.
In these hearings, the following evidence of DUI is admissible:
1. police officer observations of intoxication, as documented in the
report;
2. results of a chemical test administered in accordance with the
DUI law or a toxicology report certified by the Department of
Emergency Services and Public Protection’s (DESPP) Division of
Scientific Services;
3. hospital or medical records obtained in accordance with
established procedures or by the driver’s consent;
4. results of tests conducted by, or a report of, an officer trained in
ARIDE; or
5. DRE reports.
Ignition Interlock Devices (§ 118(i))
The bill extends current ignition interlock device (IID) penalties to
people who drive a vehicle under the influence of alcohol, drugs, or
both, but who did not have an elevated BAC or were not asked to take
a blood, breath, or urine test, as shown in the table below (see
Background).
IID Penalties for Per Se Offense Under the Bill
Per Se Offense IID Requirement
(After 45-Day License Suspension)
First
Suspension
Second
Suspension
Third or
Subsequent
Suspension
Age 21 or older: (1) BAC of 0.08%
or more or 0.04% or more if
operating a commercial vehicle or
(2) found to have been driving
under the influence of alcohol,
6 months 1 year 2 years 2021SB-00888-R000569-BA.DOCX
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drugs, or both
Under Age 21: (1) BAC of 0.02%
or more or (2) found to have been
driving under the influence of
alcohol, drugs, or both
1 year 2 years 3 years
Refusal of test or nontestimonial
portion of drug influence
evaluation, regardless of age
1 year 2 years 3 years
Existing law requires IIDs for criminal DUI convictions, even for
those involving drugs and not alcohol (CGS § 14-227a(i)).
Process if Driver Suffered Injury or Required Medical Treatment (§
118(j))
Under existing law, if a police officer obtains a blood or urine
sample from a driver who was arrested for DUI and physically injured
in an accident or needed hospital treatment or observation, the officer
must notify the DMV commissioner if the sample’s results indicate that
the operator had an elevated BAC. The bill extends this requirement to
blood sample results that show the presence of alcohol, a drug, or both.
The commissioner may then use this information when deciding to
suspend the driver’s license, in accordance with the procedures
described above.
Background — IID Penalties
IIDs are installed in motor vehicles to prevent people from driving
under the influence of alcohol. They require the driver to breathe into
them to operate the vehicle. If the device detects a BAC above a certain
threshold, it prevents the vehicle from starting. IIDs also require the
driver to submit periodic breath samples while driving. Offenders
must pay DMV a $100 fee before the device is installed; DMV uses this
money to administer the interlock program. Offenders also must pay
the costs of installing and maintaining the devices (CGS § 14-227a(i)).
§ 119 — PROCEDURES FOR ACCID ENTS RESULTING IN DE ATH
OR SERIOUS INJURY
Modifies intoxication testing procedures for accidents resulting in death or serious injury,
including by requiring drug influence evaluations of surviving operators 2021SB-00888-R000569-BA.DOCX
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Surviving Drivers
Existing law requires a blood or breath sample to be obtained from a
surviving driver whose vehicle was involved in an accident resulting
in the death of or serious physical injury to another person if (1) a
police officer has probable cause to believe that the driver operated the
vehicle while under the influence of alcohol, drugs, or both, or (2) the
driver has been charged in connection with the accident and the officer
has a reasonable suspicion that he or she was under the influence of
alcohol, drugs, or both. The sample must be tested according to
DESPP-approved methods and equipment.
The bill additionally (1) requires that a DRE conduct a drug
influence evaluation of a surviving operator if the operator is not
seriously injured or otherwise unable to take the evaluation because of
the accident and (2) allows a urine sample to be taken instead of a
blood or breath sample.
The bill requires police officers who obtain a blood, breath, or urine
sample from the surviving driver or a drug influence evaluation
conducted on the surviving driver to submit a written report to the
DMV commissioner with the respective results. It allows the
commissioner, after notice and opportunity for a hearing held
according to the administrative per se procedures, to impose the
associated license suspension and IID penalties. The hearing must be
limited to determining the following:
1. if the person was operating the vehicle;
2. if the person’s sample or the drug influence evaluation was
properly obtained or conducted, as applicable, according to the
law’s requirements; and
3. if the examined sample had an elevated BAC or if there was
substantial evidence that the person drove the vehicle under the
influence of alcohol, drugs, or both.
ARIDE-Trained Officers at Fatal Accidents
The bill requires law enforcement units, when responding to a fatal 2021SB-00888-R000569-BA.DOCX
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motor vehicle accident, to assign an ARIDE-trained officer to respond,
if one is available.
Examination of Samples
By law, the chief medical examiner and other specified officials
must include in a fatal motor vehicle accident investigation a blood
sample from any driver or pedestrian who dies in the accident.
Under current law, DESPP’s Division of Scientific Services or the
chief medical examiner examines the samples. The bill also allows a
forensic toxicology laboratory, under an agreement with the Office of
the Chief Medical Examiner, to examine them.
EFFECTIVE DATE: April 1, 2022
§ 120 — COMMERCIAL VEHICLE D RIVING DISQUALIFICATION
Extends existing commercial motor vehicle driving disqualification penalties to drivers
who refused a drug influence evaluation or drove under the influence of alcohol, drugs, or
both
Under existing law, if a commercial driver’s license holder either
refuses a test to determine BAC while driving any vehicle or fails the
test, he or she is disqualified from driving a commercial motor vehicle
for (1) one year for a first offense and (2) life upon a second or
subsequent offense.
The bill imposes these disqualification penalties on someone who
(1) refuses to submit to a drug influence evaluation by a DRE or (2)
was found to have driven a vehicle under the influence of alcohol,
drugs, or both, through the administrative per se procedure.
EFFECTIVE DATE: April 1, 2022
§ 121 — EDUCATIONAL MATERIAL S ON DRE PROGRAM AND
DRUG INFLUENCE EVALU ATIONS
Requires the Traffic Safety Resource Prosecutor to develop educational materials and
programs about the DRE program and drug influence evaluations
The bill requires the Traffic Safety Resource Prosecutor, in
consultation with other entities and seeking guidance from NHTSA, to
develop educational materials and programs about the DRE program 2021SB-00888-R000569-BA.DOCX
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and drug influence evaluations and make them available to the judicial
branch and the Connecticut Judges Association. The prosecutor must
develop the materials in consultation with DOT, DMV, the Connecticut
Police Chiefs Association, and the statewide DRE coordinator. (But the
bill does not establish such a coordinator and one does not exist under
current law.)
EFFECTIVE DATE: July 1, 2021
§ 122 — ADMINISTRATIVE PENAL TIES FOR BOATING UND ER
THE INFLUENCE
Makes changes to DEEP’s administrative sanctions process for boating under the
influence that are substantially similar to the bill’s changes to DMV’s administrative per
se process
The law establishes a process for DEEP to impose administrative
sanctions on boaters who operate boats with an elevated BAC or who
refuse to submit to a blood, breath, or urine test. These procedures
largely parallel the administrative per se process for driving with an
elevated BAC or refusing to submit to a test (see above). Like DMV,
under current law DEEP cannot suspend a drug-impaired boater’s safe
boating certificate or certificate of personal watercraft operation
("certificate") if they do not have an elevated BAC.
The bill’s changes to this process are substantially similar to the
changes it makes to DMV’s administrative per se process. It (1)
expands the process to include procedures for imposing certification
sanctions on boaters who do not have an elevated BAC but are found
to be boating under the influence based on evidence of behavioral
impairment, among other things, and (2) applies the existing process to
boaters who refuse the nontestimonial portion of a drug influence
evaluation. Its other changes include the following, among other
things:
1. deeming that boaters consent to a nontestimonial portion of a
drug influence evaluation conducted by a DRE;
2. allowing peace officers to request drug influence evaluations in
addition to or instead of a blood, breath, or urine test under the 2021SB-00888-R000569-BA.DOCX
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same conditions as police officers under the administrative per
se statute for DUI;
3. requiring a peace officer to revoke certificates, following
procedures substantially similar to the DUI per se process, if the
(a) boater refuses a drug influence evaluation or (b) officer
concludes, through his or her investigation, that the boater
operated a boat under the influence of alcohol, drugs, or both;
4. establishing review standards for hearings for boaters who did
not refuse a test or whose results did not indicate an elevated
BAC that align with those under the DUI administrative per se
process; and
5. imposing existing suspension periods (which are different than
those under the DUI administrative per se process) on people
found to be operating a boat under the influence of alcohol,
drugs, or both (see the table below).
Administrative Certificate Suspensions
Violation First
Offense
Second
Offense
Third or
Subsequent
Offense
(1) BAC of 0.08% or more (or
0.02% if under age 21) or (2)
found to have been boating
under the influence of alcohol,
drugs, or both
90 days 9 months 2 years
Refusal of test 6 months 1 year 3 years
BAC of 0.16% or more 120 days 10 months 2 years, 6 months
Unlike its DMV administrative per se changes, the bill does not
similarly extend the penalties for refusing a test to refusing the
nontestimonial portion of a drug influence evaluation.
EFFECTIVE DATE: April 1, 2022
§ 123 — BOATING UNDER THE INFLUENCE 2021SB-00888-R000569-BA.DOCX
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Makes substantially similar changes to the boating under the influence law as those the
bill makes to the DUI law, such as allowing DREs to testify in boating under the
influence cases
State law prohibits boating (1) while under the influence of alcohol
or drugs or (2) with an elevated BAC (i.e., at least 0.08%, or 0.02% in
the case of boaters under age 21) (CGS § 15-133(d)). It imposes
penalties for boating under the influence convictions, including prison
time, fines, and certificate suspension (see Background).
The bill makes substantially similar changes to the boating under
the influence law that it makes to the DUI law. These changes include
allowing:
1. a DRE, at the court’s discretion, to testify about his or her
opinion or otherwise on the significance of impairment or
intoxication symptoms for which evidence was admitted or on
the condition that it be introduced;
2. evidence that a defendant refused to submit to the
nontestimonial portion of a drug influence evaluation to be
admissible as evidence under conditions substantially similar to
those that apply to DUI (see above); and
3. the court to take judicial notice that ingesting THC (a) can
impair a person’s boating ability, motor function, reaction time,
tracking ability, cognitive attention, decision-making, judgment,
perception, peripheral vision, impulse control, and memory and
(b) does not enhance a person’s ability to boat safely.
Unlike its DUI changes, the bill does not explicitly extend immunity
from civil liability to people who draw blood samples at an officer’s
request.
EFFECTIVE DATE: April 1, 2022
Background — Boating Under the Influence Penalties
The table below shows the law’s penalties for boating under the
influence. A subsequent conviction is one that occurs within 10 years
after a prior conviction for the same offense (CGS § 15-133(h)). 2021SB-00888-R000569-BA.DOCX
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Boating Under the Influence Penalties
Offense Fine Prison/Community
Service
Suspension
First $500-$1,000 (1) Up to six months,
with a mandatory
minimum of 48
consecutive hours and
(2) probation and 100
hours community service
One year
Second $1,000-$4,000 (1) Up to two years, with
a mandatory minimum of
120 consecutive days
and (2) probation and
100 hours community
service
Three years, or
until age 21,
whichever is
longer
Third $2,000-$8,000 (1) Up to three years,
with a mandatory
minimum of one year
and (2) probation and
100 hours community
service
Permanent
revocation
§ 124 — DOT RECOMMENDATIONS ON IMPAIRED DRIVING DATA
COLLECTION AND PILOT PROGRAMS
Requires DOT to make recommendations regarding impaired driving data collection and
pilot programs on electronic warrants and oral fluid testing in impaired driving
investigations
By January 1, 2022, the bill requires the DOT commissioner, in
consultation with the DMV commissioner and the Statewide Impaired
Driving Task Force (see Background), to make recommendations to the
governor and the Judiciary and Transportation committees about:
1. enhancing impaired driving data collection, including the
possibility of reorganizing the state’s impaired driving statutes
into separate offenses for driving under the influence of alcohol,
driving under the influence of a drug, and driving under the
influence of both alcohol and a drug;
2. implementing an electronic warrant pilot program in impaired
driving investigations; and 2021SB-00888-R000569-BA.DOCX
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3. the merits and feasibility of a pilot program for oral fluid testing
in these investigations.
EFFECTIVE DATE: July 1, 2021
Background — Statewide Impaired Driving Task Force
The Connecticut Impaired Driving Task Force was established
administratively in 2013 to coordinate state and local efforts on
reducing impaired driving crashes and fatalities. It includes members
from DOT’s Highway Safety Office, DMV, the Office of the Chief
State’s Attorney, POST, the Division of Scientific Services, state and
local law enforcement, universities, hospitals, researchers, and private
traffic safety organizations (e.g., AAA and Mothers Against Drunk
Driving (MADD)).
§ 125 — STATE EXCISE TAX ON CANNABIS
Establishes a state excise tax on the first sale or use of cannabis flowers, cannabis trim, or
wet cannabis by a producer, cultivator, or micro-cultivator in the state; for FYs 22-23,
directs the revenue to the General Fund; beginning in FY 24, directs a portion of the
revenue to a new cannabis equity and innovation account and prevention and recovery
services account for specified purposes
Rate and Base
The bill imposes an excise tax on the first sale or use of cannabis
flowers, cannabis trim, or wet cannabis by a producer, cultivator, or
micro-cultivator in the state. The tax applies beginning on the first day
of the month in which legal cannabis operations or sales, other than
sales of cannabis for palliative use, are allowed. The tax rate is:
1. $1.25 per dry-weight gram of cannabis flowers,
2. $0.50 per dry-weight gram of cannabis trim, and
3. $0.28 per gram of wet cannabis.
Under the bill, “wet cannabis” is the whole plant of the genus
cannabis, including abnormal and immature plants, that has been
harvested and weighed within two hours of harvesting and has not
undergone any processing, including drying, curing, trimming, or
increasing the ambient temperature in the room where the plant is
held. 2021SB-00888-R000569-BA.DOCX
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Tax Remittance
For each month in which they may legally operate in the state,
cultivators, micro-cultivators, and producers must (1) file a tax return
with DRS for the immediately preceding calendar month and (2) remit
the tax due with the return. The returns must be in the form and
contain such information as the commissioner prescribes.
Delinquent Taxes
Under the bill, late excise tax payments are subject to a penalty of
25% of the amount due and unpaid or $250, whichever is greater, plus
interest at 1% per month or fraction of a month from the due date to
the payment date.
Subject to the existing Penalty Review Committee requirements, the
DRS commissioner may waive all or part of these penalties when it is
proven to the commissioner’s satisfaction that failing to pay the tax
within the timeframe was due to reasonable cause and was not
intentional or due to neglect.
Liability for Willful Nonpayment of Taxes
The bill makes those who are responsible for collecting, truthfully
accounting for, and paying the tax on behalf of a cultivator, micro-
cultivator, or producer personally liable if they willfully fail to collect,
truthfully account for, or pay the tax and it cannot be collected from
the business.
Under the bill, an individual or business (and any officer, partner,
or employee of a business) that is responsible for filing the return and
paying the tax on the cultivator’s, micro-cultivator’s, or producer’s
behalf is personally liable for the full unpaid tax, plus interest and
penalties, if (1) it willfully fails to collect, truthfully account for and
pay it, or willfully attempts to evade or defeat the tax and (2) the tax,
penalty, and interest cannot otherwise be collected from the cultivator,
micro-cultivator, or producer. The dissolution of the cultivator, micro-
cultivator, or producer does not free the person from liability.
DRS must (1) collect the penalty using the same methods for 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 141 4/22/21
collecting unpaid admissions and dues taxes (i.e., tax warrants, liens
against real property, and foreclosure against that property) and (2)
credit any amount collected from the individual or business against
the taxes owed by the cultivator, micro-cultivator, or producer.
Tax Enforcement
The bill applies the same collection, enforcement, and appeal
process requirements established in statute for the admissions and
dues taxes to the excise tax, except those provisions that are
inconsistent with the bill. Under these provisions, the DRS
commissioner can (1) impose a deficiency assessment and penalty; (2)
impose record retention requirements on taxpayers and examine all of
their records; and (3) administer oaths, subpoena witnesses, and
receive testimony. The facilities and retailers can request a hearing on
the amount of taxes they must pay and appeal the hearing decision if
aggrieved. Lastly, an additional penalty may be imposed on facilities
and retailers for willful violations or filing fraudulent returns.
Refunds
The bill bars the DRS commissioner from refunding any excise tax
paid by a cultivator, micro-cultivator, or producer.
Regulations
The bill authorizes the DRS commissioner to adopt implementing
regulations for the tax.
Revenue Distribution
For FYs 22-23, the bill directs the excise tax revenue to the General
Fund. Beginning in FY 24, it directs the revenue as follows:
1. 55% to the cannabis equity and innovation account described
below,
2. 15% to the prevention and recovery services account described
below, and
3. 30% to the General Fund. 2021SB-00888-R000569-BA.DOCX
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Cannabis Equity and Innovation Account. The bill establishes this
account as a separate, nonlapsing General Fund account and requires it
to contain any money the law requires. It requires the account’s funds
to be appropriated for the following purposes:
1. investing in programs that are located in or primarily serve
residents of disproportionately affected communities, including
adult education programs (including programs offered by
Unified School District #1) and programs to assist individuals
released from DOC custody, probation, or parole;
2. providing grants to youth service bureaus and municipal
juvenile review boards;
3. funding workforce development and business incubator and
accelerator programs that support social equity applicants and
prospective applicants; and
4. funding programs and services that promote and encourage
economic opportunity and advancement of individuals from
disproportionately affected communities.
Prevention and Recovery Services Account. The bill establishes
this account as a separate, nonlapsing General Fund account and
requires the mental health and addiction services commissioner to use
it to provide community-based grants for substance abuse prevention,
treatment, and recovery services.
Recording Revenue
The bill authorizes the comptroller to record the revenue the tax
generates each fiscal year no later than five business days after the end
of July following the end of the fiscal year.
EFFECTIVE DATE: July 1, 2021
§§ 126 & 127 — MUNICIPAL SALES TAX
Imposes a 3% municipal sales tax on the sale of cannabis and cannabis products that
applies in addition to the state’s 6.35% sales tax
Rate and Base 2021SB-00888-R000569-BA.DOCX
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The bill imposes a 3% municipal sales tax on the sale of cannabis
and cannabis products by a cannabis retailer, hybrid retailer, or micro-
cultivator. The tax is in addition to the 6.35% state sales tax on such
products. The bill exempts from the municipal sales tax:
1. cannabis for palliative use;
2. the transfer of cannabis or cannabis products to a delivery
service for transport to any other cultivator, micro-cultivator,
food and beverage manufacturer, product manufacturer,
product packager, dispensary facility, cannabis retailer, hybrid
retailer, or producer; and
3. sales of cannabis or cannabis products by a delivery service to a
consumer.
The tax must be collected from purchasers at the time of sale and be
held in trust until remitted to the municipality
Tax Remittance and Revenue
Each cannabis or hybrid retailer or micro-cultivator must (1) file a
return with the tax collector of the municipality in which they are
located (or the individual the municipality designated to receive the
returns) on or before the last day of each month in which they may
legally sell cannabis (other than for palliative use) and (2) remit the tax
due with the return. The return must report their gross receipts from
cannabis and cannabis product sales for the immediately preceding
calendar month and the amount of tax due on those sales. The returns
must be in the form and contain such information as the tax collector
or municipally designated individual prescribes (in consultation with
DRS and OPM).
Any tax revenue remitted is a part of the municipality’s general
revenue and must be used for the following purposes:
1. streetscape improvements and other neighborhood
developments in communities where cannabis or hybrid
retailers or micro-cultivators are located; 2021SB-00888-R000569-BA.DOCX
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2. youth employment and training programs in these
municipalities;
3. services for individuals living in these municipalities who were
released from DOC custody, probation, or parole;
4. mental health or addiction services; or
5. community civic engagement efforts.
Delinquent Taxes
Under the bill, late sales tax payments are subject to a penalty of
25% of the amount due and unpaid or $250, whichever is greater, plus
interest at 1% per month or fraction of a month from the due date to
the payment date. Municipalities may, by vote of their legislative
bodies, waive all or part of this penalty if they find that failing to pay
the tax within the timeframe was due to reasonable cause and was not
intentional or due to neglect.
Liens for Unpaid Taxes
The bill authorizes municipalities to impose a lien on the real
property of a cannabis retailer, hybrid retailer, or micro-cultivator for
nonpayment of the sales tax, up to the amount of unpaid taxes,
penalties, and interest. These liens have the same priority as municipal
real property tax liens.
Audits
The bill authorizes tax collectors and municipally designated
individuals to require an audit if they have good cause to believe that a
cannabis retailer, hybrid retailer, or micro-cultivator has underpaid the
tax or otherwise made a material misrepresentation in a tax return they
filed. The audit must be conducted in the same way and timeframes as
the audits required under state law for municipalities and other
nonstate entities that receive substantial amounts of state funding.
Under this law, nonstate entities must designate an independent
auditor to perform these audits and pay for them. They must file
copies of the audit reports with the administering agency within 30 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 145 4/22/21
days after their completion, if possible, but no later than six months
after the audit period ends. The agency may grant an extension of up
to 30 days.
Under the bill, cannabis and hybrid retailers and micro-cultivators
must file copies of the audit reports with the municipality’s tax
collector or designated individual. Those that fail to do so within six
months after the end of the fiscal year or within the time granted by
the municipality may be assessed a civil penalty of between $1,000 and
$10,000 by the tax collector or designated individual
If an audit report shows that the tax was underpaid, the bill assesses
a penalty of 25% of the tax due and unpaid or $250, whichever is
greater, plus interest of 1% per month from the due date until the
payment date. Municipalities may waive all or part of these penalties
by vote of their legislative bodies, if they find that the failure to pay
was due to reasonable cause and was not intentional or due to neglect.
Refunds and Overpayments (§§ 126(f) & 127(d))
The bill prohibits (1) cannabis and hybrid retailers, micro-
cultivators, and municipalities from issuing refunds to purchasers for
any municipal cannabis sales tax paid and (2) municipalities from
issuing refunds to cannabis or hybrid retailers or micro-cultivators. It
also prohibits tax overpayments made by purchasers, cannabis or
hybrid retailers, or micro-cultivators from being applied to any other
liability due to the municipality.
Under the bill, these provisions must not be construed as a waiver
of sovereign immunity or as authorizing suit against the state or any
political subdivision by anyone (1) against whom any tax, penalty, or
interest was erroneously or illegally assessed or (2) from whom any
tax, penalty, or interest has been erroneously or illegally collected.
EFFECTIVE DATE: July 1, 2021
§§ 127-129 — STATE SALES TAX ON C ANNABIS AND CANNABIS
PRODUCTS 2021SB-00888-R000569-BA.DOCX
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With certain exceptions, prohibits exemptions under the state’s sales and use tax law from
applying to cannabis or cannabis product sales; extends the sales and use tax to cannabis-
related advertising and public relations services, including services related to media and
cooperative direct mail advertising; prohibits refunds to purchasers and businesses for
sales and use taxes paid on cannabis and cannabis products
Exemptions Generally Disallowed (§ 127)
The bill generally prohibits any exemptions under the state’s sales
and use tax law from applying to cannabis or cannabis product sales.
The exception is for (1) sales of cannabis for palliative use and (2) the
transfer of cannabis and cannabis products to a delivery service, as
described below.
The bill also prohibits anyone from purchasing cannabis or cannabis
products on a resale basis. (By law, sales for resale are generally
exempt from state sales and use tax.)
Exemption for Cannabis or Cannabis Product Deliveries (§ 127)
The bill exempts from sales and use tax the transfer of cannabis or
cannabis products to a delivery service by specified entities for
transport to other entities. The exemption applies to transfers by
cultivators, micro-cultivators, food or beverage manufacturers,
product manufacturers or packagers, dispensary facilities, cannabis
retailers, and hybrid retailers or producers to a delivery service.
Exemption for Nonprescription Drugs and Medicines (§ 128)
The bill adds palliative marijuana to the list of nonprescription
drugs and services that are statutorily exempt from state sales and use
tax. Under current DRS practice, marijuana sold for palliative use by
licensed dispensaries is considered a natural or herbal drug or
medicine and is thus currently exempt as a nonprescription drug and
medicine.
The bill also explicitly excludes any products containing cannabis or
cannabinoids from the nonprescription drug or medicine exemption.
Cannabis-Related Advertising and Public Relations Services (§
129)
The bill extends the sales and use tax to advertising and public
relations services related to cannabis or cannabis products, including 2021SB-00888-R000569-BA.DOCX
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those services related to developing media or cooperative direct mail
advertising.
Under current law, advertising and public relations services other
than those related to media or cooperative direct mail advertising are
subject to sales and use tax. Taxable services include layout, art
direction, graphic design, and mechanical preparation or production
supervision.
Refunds (§ 127)
The bill prohibits DRS, cannabis or hybrid retailers, micro-
cultivators, or delivery services from issuing refunds to purchasers for
any sales and use tax paid on cannabis or cannabis products. It also
prohibits DRS from issuing sales and use tax refunds to cannabis or
hybrid retailers or micro-cultivators.
As with the municipal sales tax provisions described above, the bill
specifies that these provisions must not be construed as a waiver of
sovereign immunity or as authorizing suit against the state or any
political subdivisions by anyone (1) against whom any tax, penalty, or
interest was erroneously or illegally assessed or (2) from whom any
tax, penalty, or interest has been erroneously or illegally collected.
EFFECTIVE DATE: July 1, 2021
§§ 130-132 & 140 — MARIJUANA AND CONTRO LLED
SUBSTANCES TAX
Repeals the marijuana and controlled substances tax
The bill repeals the tax on marijuana and controlled substances that
are illegally purchased, acquired, transported, or imported into the
state. In doing so, it cancels any outstanding liabilities or assessments
for the tax and authorizes the DRS commissioner to take any action
necessary to effectuate this cancellation. Under the bill, any such
cancellation does not entitle anyone affected to a refund or credit for
any amount previously paid or collected in connection with the
liability or assessment.
EFFECTIVE DATE: July 1, 2021 2021SB-00888-R000569-BA.DOCX
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§ 133 — ANGEL INVESTOR TAX C REDITS FOR SOCIAL EQ UITY
APPLICANTS
Extends the angel investor tax credit program to eligible cannabis businesses for which
social equity applicants have been granted a license or provisional license; allows investors
to claim a 40% income tax credit for credit-eligible investments in these businesses;
imposes a $15 million per fiscal year cap on these credits, and increases the total credits
allowed under the program to $20 million per fiscal year
The angel investor tax credit program provides personal income tax
credits to angel investors (i.e., investors who the Securities and
Exchange Commission considers “accredited investors”) who make
qualifying cash investments in eligible Connecticut businesses. The bill
extends this program to include eligible cannabis establishments for
which social equity applicants have been granted a license or
provisional license (i.e., “cannabis businesses”), thus allowing eligible
investors to receive income tax credits for investing in these
businesses. The bill makes numerous conforming changes to the
program’s statutes. As under existing law, no new angel investor tax
credits may be reserved after June 30, 2024.
Cannabis Businesses Eligible for Angel Investments
By law, a business must apply for and receive approval from
Connecticut Innovations, Inc. (CI) in order to receive credit-eligible
investments. Under the bill, a cannabis business must generally meet
the same criteria that existing law specifies for other eligible
businesses. Specifically, the cannabis business must be primarily
owned by the business management and their families and have:
1. gross revenues of less than $1 million in the most recent income
year;
2. fewer than 25 employees, more than 75% of whom are
Connecticut residents; and
3. received less than $2 million in investments from credit-eligible
angel investors.
Businesses eligible under current law must meet these same criteria,
as well as having (1) their principal place of business in Connecticut
and (2) operated in Connecticut for less than seven consecutive years. 2021SB-00888-R000569-BA.DOCX
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Credit Amount
Under the bill, angel investors who invest at least $25,000 in
approved cannabis businesses are eligible for a personal income tax
credit equal to 40% of their investment, up to $500,000. As under
current law, investments in other approved businesses continue to
qualify for a 25% credit, subject to the same minimum investment and
maximum credit requirements.
Credit Cap
The bill establishes a $15 million per fiscal year cap on the amount
of tax credits CI may reserve for cash investments made in qualified
cannabis businesses. As under existing law, CI may reserve up to $5
million in credits each fiscal year for investments in other qualified
businesses. Thus, the bill increases, from $5 million to $20 million, the
aggregate amount of angel investor credits CI may reserve each fiscal
year, beginning with FY 22.
Unreserved Credits
Under current law, the amount of credits that CI may reserve each
year for investments in emerging technology businesses is generally
capped at 75% of the total amount of credits available that year. The
bill specifies that this limitation applies only to credits available for
investments under the current program (i.e., not to cannabis
businesses).
By law, CI may exceed this 75% cap if any unreserved credits
remain after April 1 in each year and it may prioritize the unreserved
credits for veteran-owned, women-owned, or minority-owned
businesses and businesses owned by individuals with disabilities. The
bill additionally allows CI to reserve these unreserved credits for
investments in qualified cannabis businesses. (It is unclear whether
these credits would apply against the $15 million cap for cannabis
businesses or $5 million cap for other businesses.)
EFFECTIVE DATE: July 1, 2021 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 150 4/22/21
§§ 134 & 135 — CANNABIS-RELATED FINANCIAL AS SISTANCE
AND WORKFORCE TRAINING PRO GRAMS
Authorizes up to $50 million in state general obligation bonds for DECD and the
Cannabis Control Commission to use for specified financial assistance and workforce
training programs
Bond Authorization (§ 134)
The bill authorizes up to $50 million in general obligation bonds for
DECD and the Cannabis Control Commission to use for the following
purposes:
1. low-interest loans to social equity applicants, municipalities, or
nonprofits to rehabilitate, renovate, or develop unused or
underused real property for use as a cannabis establishment
(see § 135);
2. capital to social equity applicants seeking to start or maintain a
cannabis establishment;
3. development funds or ongoing expenses for the cannabis
business accelerator program (see § 38); and
4. development funds or ongoing expenses for the workforce
training programs developed by the Cannabis Control
Commission (see § 39).
Program Implementation (§ 135)
The bill specifically requires DECD and the commission to establish
a revolving loan program to provide the low-interest loans described
above. They must establish the program’s parameters, including (1) the
loan eligibility requirements, (2) the application form and required
information and documentation, (3) the loan terms (e.g., interest rates
and duration), and (4) any other requirements needed to implement
the program. They must also post on the DECD and DCP websites
information about the loan program and other funding available under
these provisions.
The bill also requires DECD and the Cannabis Control Commission
to jointly develop and establish the application forms, applicant 2021SB-00888-R000569-BA.DOCX
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requirements, and any other provisions needed to implement the other
financial assistance and training programs described above.
EFFECTIVE DATE: July 1, 2021
§§ 136-140 — REPEAL OF OBSOLETE P ROVISIONS
Repeals obsolete provisions on medical marijuana patient temporary registration
certificates
The bill repeals obsolete provisions on temporary registration
certificates for qualifying medical marijuana patients. These provisions
became obsolete when DCP adopted implementing regulations in
2013. The bill also makes related conforming changes.
EFFECTIVE DATE: July 1, 2021
BACKGROUND
Federal Controlled Substance Classification
Federal law classifies marijuana as a Schedule I controlled
substance. The law generally prohibits anyone from knowingly or
intentionally possessing, manufacturing, distributing, dispensing, or
possessing with intent to manufacture, distribute, or dispense
Schedule I drugs. Licensed practitioners, including pharmacies, can
use Schedule I substances in government-approved research projects.
The penalty for violations varies depending on the amount of drugs
involved (21 U.S.C. §§ 812, 823 & 841 et seq.).
Related Bills
sHB 6377 (File 462), favorably reported by the Labor and Public
Employees Committee, addresses many of the same areas such as
legalizing adult use and possession of cannabis, creating licensure and
oversight for commercial cannabis businesses, and creating a process
to erase records of certain cannabis convictions.
sHB 5313 (File 101), favorably reported by the General Law
Committee, allows patients and primary caregivers to purchase
medical marijuana at dispensaries other than their pre-selected
location and requires dispensaries to integrate their records with the
PDMP and transmit the dispensing information immediately or within 2021SB-00888-R000569-BA.DOCX
Researcher: JO Page 152 4/22/21
one hour after the transaction.
sHB 6099 (File 102), favorably reported by the General Law
Committee, among other things, requires anyone involved in a
transaction that results in a material change to a medical marijuana
business to file written notice with the attorney general. It also
establishes a waiting period for these transactions.
sSB 1019, favorably reported by the Judiciary Committee, provides
for the erasure of certain criminal records and makes similar changes
to this bill regarding purchasers of public criminal records.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 22 Nay 16 (04/06/2021)