Researcher: JO Page 1 6/15/21
OLR Bill Analysis
SB 1201
Emergency Certification
AN ACT CONCERNING RESPONSIBLE AND EQUITABLE
REGULATION OF ADULT -USE CANNABIS.
TABLE OF CONTENTS:
SUMMARY
§§ 1 & 141-142 — DEFINITIONS
Defines numerous terms such as cannabis and cannabis product, consumer, cannabis
establishment, and equity
§§ 2-3, 115, 153 & 159-160 — CANNABIS POSSESSION AND USE
Allows people age 21 or older to possess or use cannabis, up to a specified possession
limit; establishes various penalties for possession by underage individuals or possession
exceeding the bill’s limit; requires POST to issue guidance on how police officers must
determine whether someone’s cannabis possession exceeds the bill’s limit
§§ 4, 115 & 154 — CANNABIS PARAPHERNALIA
Eliminates existing penalties for drug paraphernalia actions related to cannabis
§ 5 — DELINQUENCY ADJUDICA TIONS AND SERIOUS JUVENILE
OFFENSES
Prohibits minors from being adjudicated delinquent for certain cannabis possession
offenses and removes most cannabis sale offenses from the list of serious juvenile offenses
§ 6 — VIOLATIONS SUBJECT TO INFRACTION PROCEDURES
Allows people to pay certain cannabis-related fines by mail without making a court
appearance
§ 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
§ 10 — RECORD PURCHASERS AN D DISCLOSURE 2021SB-01201-R00SS1-BA.DOCX
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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
§ 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, 15 & 155-158 — PENALTIES FOR ILLEGALLY SELLING
CANNABIS
Lowers the penalties for illegally (1) selling cannabis and related actions and (2) before
July 1, 2023, growing up to six cannabis plants at home for personal use
§ 14 — CANNABIS GIFTS
Allows consumers to give cannabis to other consumers for free, within the bill’s
possession limit
§ 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 VEHIC LE 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 — GENERAL RESTRICTIONS ON CANNABIS SALES AND
DELIVERIES
Restricts who may sell or deliver cannabis to (1) consumers and (2) qualifying medical
marijuana patients and their caregivers
§ 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-01201-R00SS1-BA.DOCX
Researcher: JO Page 3 6/15/21
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
Generally 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 unless federal law requires it; 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, with DCP’s authorization, to expand their license
so that they may engage in certain recreational cannabis-related activities; requires
producers, among other things, to either contribute $500,000 to the Social Equity Council
or enter into an agreement with a social equity partner to provide the partner with at least
5% of its expanded grow space for a new social equity business
§§ 27 & 145 — EQUITY JOINT VENTURES
Requires producers and dispensaries to create equity joint ventures to pay a lower license
expansion authorization fee or convert to a hybrid retailer; sets minimum ownership,
application, and license requirements; prohibits certain percentage increases of certain
ownership in first 10 years; and limits where certain ventures may be located
§ 28 — PAYMENT FOR PROMOTIO N AND EXCLUSIVE CONTRACTS
PROHIBITED
Prohibits retailers from (1) accepting payment from certain entities to place or promote
their product or (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 per day; sets the limit at five ounces
per day 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 or obtaining or
moving cannabis from outside Connecticut if it violates federal law
§ 29 — REGISTRATION OR LICENSE REQUIRED
Requires (1) cannabis establishment, laboratory, or research program employees to be
registered and (2) backers or key employees to be licensed; specifies certain crimes 2021SB-01201-R00SS1-BA.DOCX
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disqualify prospective licensees; requires certain individuals to notify DCP within 48
hours after the arrest or conviction of an offense that constitutes a disqualifying
conviction
§§ 30 & 31 — CRIMINAL HISTORY CHECKS
Requires all individuals listed on an application to submit to criminal history checks
before getting their license; allows DCP to require criminal history checks for license
renewals
§ 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 and anyone advertising cannabis products or services
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; deems violations
CUTPA violations
§ 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 — LICENSE APPLICATION AND FEES
Allows DCP to accept applications 30 days after the Social Equity Council identifies the
criteria for social equity and other applications; sets application fees and generally
allows social equity applicants to pay 50%
§ 35 — APPLICATION PROCESS AND LOTTERY
Requires the Social Equity Council to confirm applicants qualify as social equity
applicants; requires DCP to determine the maximum number of licenses, with 50%
reserved for social equity applicants
§ 35 — LOTTERY AND APPLICATION RANKING
Sets procedure for 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 for
disqualifying conditions; provides a process for removing certain backers
§ 35 — PROVISIONAL LICENSES
Requires DCP to issue provisional licenses, valid for 14 months, if an application is not
disqualified
§ 35 — FINAL LICENSE
Specifies the information that final license applications must include, such as a labor
peace agreement
§ 36 — CHANGE IN OWNERSHIP REGULATIONS 2021SB-01201-R00SS1-BA.DOCX
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Requires the Social Equity Council to adopt regulations and policies and procedures to
prevent changes of social equity ownership within three years of license issuance
§ 37 — GROW SPACE REGULATIO NS
Requires DCP to adopt regulations and policies and procedures to establish the maximum
grow space a cultivator or micro-cultivator may use
§ 38 — CANNABIS BUSINESS ACCELERATOR PROGRAM
Requires the Social Equity Council to develop a cannabis business accelerator program to
provide technical assistance to accelerator participants
§ 39 — WORKFORCE TRAINING P ROGRAM
Requires the Social Equity Council 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 or transporter, 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 AND REVOLVING DOOR
PROVISION
Prohibits (1) DCP employees who carry out certain functions and Social Equity Council
members and employees from having management or financial interests in the cannabis
industry and (2) former council members and employees, former DCP employees, General
Assembly members, and statewide elected public officials from being eligible to apply as a
social equity applicant for two years after leaving state service
§ 52 — PROTECTION FOR CANNA BIS EMPLOYEES
Protects cannabis establishments and their employees from seizures and forfeiture due to
cannabis related activities of 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 PURCH ASES BY MEDICAL MARIJUANA
PATIENTS AND CAREGIVERS 2021SB-01201-R00SS1-BA.DOCX
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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 RECORDKEEP ING AND DCP ENFORCEM ENT
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; exempts certain information from FOIA disclosure (e.g., security plans)
§ 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;
generally exempts information from DCP inspections and investigations from FOIA
disclosure
§ 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 ON-SITE CONSUMPTION AND
EVENTS
Requires DCP to make written recommendations to the governor and the legislature on
whether to allow 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 E NERGY
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 REQUIREM ENT
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 POL ICY 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 PROVIDERS 2021SB-01201-R00SS1-BA.DOCX
Researcher: JO Page 7 6/15/21
Allows medical marijuana patients age 18 or older to grow up to three mature and three
immature cannabis plants in their homes if they keep them secure from access by anyone
else except their caregiver; allows patients and caregivers to possess up to five ounces of
marijuana; eliminates the requirement for patients to select a dispensary from which 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
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)
requiring them, upon petition of 10% of their voters, to hold a local referendum on
whether to allow the recreational sale of marijuana; (2) barring them from prohibiting the
delivery of cannabis by authorized persons; (3) allowing them to charge retailers for
certain initial public safety expenses; and (4) allowing them to establish fines for cannabis
smoking in outdoor sections of restaurants
§§ 85, 161, 166, 169 & 171-172 — PRETRIAL DRUG INTERVENTION
AND COMMUNITY SERVIC E PROGRAM
Sunsets an existing pretrial program but establishes a similar program for people charged
with drug possession and paraphernalia crimes 2021SB-01201-R00SS1-BA.DOCX
Researcher: JO Page 8 6/15/21
§§ 85, 161, 167, 168 & 170-172 — PRETRIAL IMPAIRED DRIVING
INTERVENTION PROGRAM
Sunsets an existing pretrial program but establishes a similar program for people charged
with DUI or impaired boating
§§ 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 ECDS; expands the
locations where the prohibition applies; extends existing signage requirements and
penalties for smoking and e-cigarette use to smoking cannabis and hemp and using 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
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 CORRECTION AUTHORITY TO BAN
CANNABIS
Authorizes DOC to ban cannabis possession in DOC facilities or halfway houses
§ 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 only indicates a specified
metabolite of THC from being the only basis for school discipline
§ 96 — BAN ON REVOKING FINANCIAL AID OR EXPELLING
HIGHER EDUCATION STU DENTS
Generally bans higher education institutions from (1) revoking financial aid or student
loans or (2) expelling a student, only 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 2021SB-01201-R00SS1-BA.DOCX
Researcher: JO Page 9 6/15/21
§ 102 — LABOR PEACE AGREEMEN TS
Requires each cannabis establishment licensee to enter into a labor peace agreement with
a bona fide labor organization as a condition of its final license approval or other license
changes; requires that each agreement include binding arbitration as the exclusive
remedy for any agreement violation; permits civil action in Superior Court to enforce
arbitration awards
§ 103 — PROJECT LABOR AGREEM ENTS
Requires that the construction or renovation of any cannabis establishment facility of $5
million or more have a project labor agreement (PLA) between the project contractors
and the establishment; defines PLAs and provides enforcement through civil action in
Superior Court
§ 104 — HOSPITAL POLICIES ON CANNABIS USE
Allows hospitals to restrict patients’ cannabis use
§ 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
§ 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 2021SB-01201-R00SS1-BA.DOCX
Researcher: JO Page 10 6/15/21
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
§ 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 changes to the boating under the influence law substantially similar to those the
bill makes to the DUI law, such as allowing DREs to testify in boating under the influence
cases 2021SB-01201-R00SS1-BA.DOCX
Researcher: JO Page 11 6/15/21
§ 124 — DOT RECOMMENDATIONS ON I MPAIRED 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 & 127 — STATE CANNABIS TAX
Establishes a state tax on retail sales of cannabis, cannabis plant material, and cannabis
edible products by cannabis and hybrid retailers and micro-cultivators; directs the tax
revenue to the General Fund, a new General Fund account, and two new appropriated
funds, according to a specified schedule
§§ 126 & 127 — MUNICIPAL CANNABIS TAX
Imposes a 3% municipal sales tax on the sale of cannabis that applies in addition to the
state’s 6.35% sales tax and the state cannabis tax established under the bill; specifies the
purposes for which municipalities may use the tax revenue
§§ 127 & 129 — STATE SALES TAX ON CANNABIS
With certain exceptions, prohibits exemptions under the state’s sales and use tax law from
applying to cannabis sales; prohibits refunds to purchasers and businesses for sales and
use taxes paid on cannabis
§ 128 — NEWLY ESTABLISHED GE NERAL FUND ACCOUNTS AND
APPROPRIATED FUNDS
Establishes two new General Fund accounts, the cannabis regulatory and investment
account and social equity and innovation account, directs specified fee and tax revenue to
the accounts for FY 22, and requires OPM to allocate the account funds to state agencies
for specified purposes; beginning in FY 23, establishes two new appropriated funds, the
Social Equity and Innovation Fund and Prevention and Recovery Services Fund, and
requires that money in the funds be appropriated for specified purposes
§§ 130-132 & 173 — MARIJUANA AND CONTROLLED SUBSTANCE S
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 owned and
controlled by social equity applicants; 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; extends the program’s sunset date by four years to 2028
§§ 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 Social
Equity Council to use for specified financial assistance and workforce training programs
§§ 136-139 & 173 — REPEAL OF OBSOLETE PROVISIONS
Repeals obsolete provisions on medical marijuana patient temporary registration
certificates
§ 140 — DEPUTY DCP COMMISSIO NER 2021SB-01201-R00SS1-BA.DOCX
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Requires the governor to appoint a deputy DCP commissioner who is responsible for
cannabis regulation
§ 143 — CANNABIS CULTIVATION EXCLUDED FROM FARMIN G
DEFINITION
Specifies that the statutory definition of “agriculture” and “farming” do not include
cannabis cultivation
§ 144 — REPORT ON CANNABIS ESTABLISHMENT LOCATIO NS
Requires the Social Equity Council to report on where cannabis establishments are
located, including whether they are predominantly in communities of color
§ 146 — DPH PROGRAM ON CANNA BIS-RELATED PUBLIC HEALTH
INFORMATION
Establishes a DPH program to collect and abstract timely public health information on
the impact of cannabis use (e.g., cannabis-associated illness, adverse events, injuries, and
poisoning); requires the program to (1) share statewide data to inform policy makers and
citizens on the impact of cannabis legalization and (2) work with other specified state
agencies to disseminate public health alerts; and requires DPH to annually report to the
Appropriations, Human Services, and Public Health committees on the program, starting
by April 1, 2023
§ 147 — HEMP
Allows certain cannabis establishment entities to manufacture, market, cultivate, or store
hemp and hemp products and obtain these products from other legal sources; requires
these purchased products to be tracked throughout the manufacturing process
§ 148 — MUNICIPAL ZONING AUTHORITY AND APPROVAL
REQUIREMENTS
Authorizes municipalities to enact certain zoning regulations or ordinances for cannabis
establishments; temporarily prohibits municipalities from granting zoning approval for
more retailers or micro-cultivators than a number that would allow for one of each for
every 25,000 residents; allows the DCP commissioner to set a cap in the future
§ 149 — CULTIVATOR LICENSE
Allows social equity applicants, for a limited time, to receive a cultivator license without
participating in a lottery for facilities located in a disproportionately impacted area
§ 150 — AGREEMENTS WITH TRIB ES
Authorizes the governor to enter into agreements with the Mashantucket Pequot and
Mohegan tribes for cannabis businesses and the adult use market; deems the agreements
approved without further action by the legislature
§ 151 — LEGISLATIVE COMMISSIONERS’ OFFICE (LCO)
TECHNICAL FIXES
Requires LCO to make any necessary technical fixes during codification
§ 152 — CI INVESTMENTS IN CANNABIS ESTABLISHMENT S
Authorizes CI to provide financial aid to, and make equity investments in, cannabis
establishments
§ 162 — HOME GROW
Starting in July 2023, allows individuals age 21 or older to grow up to three mature and
three immature cannabis plants at home 2021SB-01201-R00SS1-BA.DOCX
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§ 163 — PENALTY FOR SALES TO YOUNGER PERSONS
Makes it a class A misdemeanor for people age 23 or older to sell or give cannabis to
people they know are underage
§ 164 — OPM TRAFFIC STOP REPORT
Requires OPM’s annual report on traffic stop data to include stops conducted on
suspicion of DUI violations
§ 165 — DESPP STUDY ON PHLEBOTOMY PROGRAM AND
CANNABIS IMPAIRMENT TRAINING FACILITY
Requires DESPP to study the feasibility of establishing a phlebotomy program for police
departments and a facility for cannabis impairment training
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 generally limits possession to (1) 1.5 ounces
of cannabis plant material and five ounces of such material in a locked
container in the person’s residence or locked vehicle glove box or
trunk or (2) equivalent cannabis product amounts or combined
amounts. It erases certain cannabis-related criminal convictions, in
some cases automatically and in others upon the person’s petition.
Starting July 1, 2023, the bill allows any individual age 21 or older to
cultivate up to three mature and three immature cannabis plants in his
or her primary residence, if the plants are kept secure from anyone
else. The bill limits each household to growing 12 cannabis plants at a
given time. Starting October 1, 2021, the bill similarly allows home
cultivation by medical marijuana patients age 18 or older.
The bill establishes a Social Equity Council to promote and
encourage full participation in the cannabis industry by people from
communities disproportionately harmed by cannabis prohibition. It
requires the council to establish criteria and review social equity
applications. Under the bill, the Department of Consumer Protection
(DCP) must reserve 50% of the maximum number of applications for 2021SB-01201-R00SS1-BA.DOCX
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these applicants and they generally pay 50% of the fees for the first
three years.
Under the bill, if there are more than the maximum number of
applications in total or to be reserved for social equity applicants, a
third-party lottery operator must conduct a lottery to identify
applications for DCP and the council to review.
The bill establishes various DCP licensing and registration
requirements for individuals and entities to work in the 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 certain individuals submit to criminal history
checks.
The bill sets cannabis establishment licensure requirements for each
license type. For example, it (1) generally limits purchases to one ounce
for consumers and five ounces for qualifying patients or caregivers per
day, (2) prohibits certain advertising practices by cannabis
establishments (e.g., targeting those under age 21 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 penalizing 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.
Furthermore, the bill requires each cannabis establishment licensee,
as a condition of its final license approval or other license changes, to 2021SB-01201-R00SS1-BA.DOCX
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enter into a labor peace agreement with a bona fide labor organization.
The agreement must include binding arbitration as the exclusive
remedy for any agreement violation. The bill permits civil action in
Superior Court to enforce arbitration awards.
The bill also requires that the construction or renovation of any
cannabis establishment facility of $5 million or more have a project
labor agreement (PLA) between the project contractors and the
establishment. The bill defines PLAs and provides agreement
enforcement through civil action in Superior Court.
Regarding taxes, the bill establishes a state tax on retail sales of
cannabis (0.625 cents per milligram of total THC for cannabis plant
material; 2.75 cents per milligram of total THC for cannabis edible
products; and 0.9 cents per milligram of total THC for cannabis, other
than cannabis plant material or cannabis edible products). It directs the
revenue to a new General Fund account (described below), the General
Fund, and two new appropriated funds for designated purposes (the
Social Equity and Innovation Fund and Prevention and Recovery
Services Fund) according to a specified schedule. It imposes a 3%
municipal sales tax on the sale of cannabis that applies in addition to
the state cannabis tax and the state’s 6.35% sales tax. (Cannabis for
palliative use is exempt from all three taxes under the bill.) It also
extends the angel investor tax credit program to eligible cannabis
businesses for which social equity applicants have been granted a
license or provisional license.
The bill establishes two new General Fund accounts, the cannabis
regulatory and investment account and social equity and innovation
account, and directs specified fee and tax revenue to the accounts for
FY 22. It requires OPM to allocate the account funds to state agencies
for specified purposes.
The bill also authorizes up to $50 million in state general obligation
bonds for the Department of Economic and Community Development
and the Social Equity Council to use for specified financial assistance
and workforce training programs. 2021SB-01201-R00SS1-BA.DOCX
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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 while driving or as a passenger 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 generally lowers existing penalties for illegally
selling cannabis and related actions.
The bill makes certain other changes to the state’s medical
marijuana laws, such as allowing DCP to add to the list of qualifying
medical conditions without adopting regulations. Among other things,
it also allows licensed medical marijuana producers and dispensaries
to participate in the adult recreational market by converting their
licenses under certain conditions and paying associated fees.
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.
Among numerous other cannabis-related provisions, the bill also:
1. prohibits minors from being adjudicated delinquent for certain
cannabis possession offenses;
2. limits when cannabis odor or possession can justify a search or 2021SB-01201-R00SS1-BA.DOCX
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motor vehicle stop;
3. limits when cannabis possession or use can be grounds to
revoke parole, special parole, or probation;
4. (a) allows municipalities to regulate certain aspects of cannabis
businesses through zoning ordinances and (b) 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;
6. restricts when landlords and property managers can take
certain cannabis-related actions regarding tenants; and
7. authorizes the governor, without further legislative approval, to
enter into agreements with the Mashantucket Pequot and
Mohegan tribes concerning cannabis regulation.
The bill makes a minor change to an alcohol-related crime.
It also makes several minor, technical, and conforming changes.
EFFECTIVE DATE: Various; see below.
§§ 1 & 141-142 — 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. (The definitions for certain other terms are explained below in
context.)
EFFECTIVE DATE: Upon passage, except provisions on the
definitions for marijuana, THC, total THC, manufactured cannabinoid,
and synthetic cannabinoid take effect July 1, 2021.
Cannabis and Related Terms 2021SB-01201-R00SS1-BA.DOCX
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Under the bill, “cannabis” means marijuana as defined in state law.
Current law defines “marijuana” as all parts of a plant or species of the
genus cannabis, whether growing or not, 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. The bill expands the definition of marijuana to include any
product made using hemp, as defined in state law, with more than
0.3% total THC concentration on a dry-weight basis, manufactured
cannabinoids, and certain synthetic cannabinoids.
Among other things, current law’s 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)). The bill expands the exclusions to cover (1) any
substance the federal Food Drug Administration (FDA) approves as a
drug and reclassifies in any controlled substance schedule, or that the
federal Drug Enforcement Administration (DEA) unschedules from
the same schedule and (2) synthetic cannabinoids that the Department
of Consumer Protection (DCP) commissioner designates as controlled
substances and classifies in the appropriate schedule through
regulations.
“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
cannabis flower, 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 cannabis in the form of a cannabis
concentrate or a product that contains cannabis, which may be
combined with other ingredients, and is intended for use or 2021SB-01201-R00SS1-BA.DOCX
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consumption. It does not include the raw cannabis plant.
“Cannabis concentrate” is any form of concentration extracted from
cannabis, such as extracts, oils, tinctures, shatter, and waxes.
A “medical marijuana product” is cannabis 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.
“Manufactured cannabinoid” means cannabinoids naturally
occurring from a source other than marijuana that are similar in
chemical structure or physiological effect to cannabinoids derived
from marijuana, but that are derived by a chemical or biological
process.
“Synthetic cannabinoid” means any material, compound, mixture,
or preparation that contains any quantity of a substance having a
psychotropic response primarily by agonist activity at cannabinoid-
specific receptors affecting the central nervous system that is produced
artificially and not derived from an organic source naturally
containing cannabinoids, unless listed in another schedule.
The bill defines “THC” as tetrahydrocannabinol including, delta-7,
delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-
10-tetrahydrocannabinol, and any material, compound, mixture, or
preparation containing their salts, isomers, and salts of isomers,
whenever the existence of these substances are possible within the
specific chemical designation, regardless of the source. THC does not
include (1) Dronabinol substituted in sesame oil and encapsulated in a
soft gelatin capsule in an FDA-approved product or (2) any
tetrahydrocannabinol product that the FDA approves to have a
medical use and reclassified in any controlled substances schedule or
that the DEA unscheduled.
“Total THC” means the sum of the percentage by weight of
tetrahydrocannabinolic acid, multiplied by 0.877, plus the percentage 2021SB-01201-R00SS1-BA.DOCX
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of weight of tetrahydrocannabinol.
Consumer, Cannabis Establishment, and Related Terms
Under the bill, a “consumer” is someone 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, delivery
service, or transporter.
Under the bill, an “employee” is generally:
1. someone employed by a cannab is establishment or who
otherwise has access to it or the vehicles used to transport
cannabis, including an independent contractor with routine
access to the premises or the establishment’s cannabis, 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 a
spouse, parent, or child) and (2) does not participate in the
establishment’s control, management, or operation.
A “financial interest” is a right to ownership, an investment, or a
compensation arrangement with another person, 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, if 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 2021SB-01201-R00SS1-BA.DOCX
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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, where the applicant is at least 65% owned or
controlled by an individual or individuals, or the applicant is an
individual, who meets the following criteria. First, their average
household income must have been under 300% of the state median
over the three tax years immediately before the application. In
addition, they must have been residents of a disproportionately
impacted area for at least (1) five of the 10 years immediately before
applying for the license or (2) nine years before they turned age 18.
A “disproportionately impacted area” is a U.S. census tract in the
state that has, as determined by the Social Equity Council, (1) a
historical conviction rate for drug-related offenses greater than one-
tenth or (2) an unemployment rate greater than 10%.
Under the bill, the “historical conviction rate for drug-related
offenses” is, for a given area, the historical conviction count for these
offenses divided by the area’s population as determined by the five-
year estimates of the most recent U.S. Census Bureau American
Community Survey. The historical conviction count is the number of
drug manufacture, sale, possession, and paraphernalia convictions
among residents for arrests between January 1, 1982, and December 31, 2021SB-01201-R00SS1-BA.DOCX
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2020, that are recorded in databases maintained by the Department of
Emergency Services and Public Protection.
An “equity joint venture” is a business entity that is at least 50%
owned or controlled by an individual or individuals, or the applicant
is an individual, who meets the income and residency criteria noted
above for social equity applicants.
§§ 2-3, 115, 153 & 159-160 — CANNABIS POSSESSION AND USE
Allows people age 21 or older to possess or use cannabis, up to a specified possession limit;
establishes various penalties for possession by underage individuals or possession
exceeding the bill’s limit; requires POST to issue guidance on how police officers must
determine whether someone’s cannabis possession exceeds the bill’s limit
The bill allows individuals age 21 or older (consumers) to possess,
use, or otherwise consume cannabis, 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 or locked glove box or trunk in the
person’s motor vehicle, (2) an equivalent amount of cannabis products,
or (3) an equivalent combined amount of cannabis and cannabis
products. Starting July 1, 2023, the possession limit does not include
any live plants or cannabis plant material derived from live plants that
the person cultivated in accordance with the bill’s home-grow
provisions (see § 162).
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) hemp as defined under state
law. Under the bill, 1.5 ounces of cannabis plant material is equivalent
to 7.5 grams of cannabis concentrate or any other cannabis products
with up to 750 milligrams of THC. Five ounces is equivalent to 25
grams of cannabis concentrate or any other cannabis products 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 2021SB-01201-R00SS1-BA.DOCX
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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.
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. The
bill also specifies that the penalties for persons age 21 or older do not
apply to possession otherwise authorized under the bill (e.g., by 2021SB-01201-R00SS1-BA.DOCX
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cannabis establishments).
For purposes of determining the bill’s possession limit or other
amounts, one ounce of cannabis plant material is equivalent to (1) five
grams of cannabis concentrate or (2) any other cannabis products with
up to 500 milligrams of THC. Also, the amount of cannabis possessed
is calculated by converting any quantity of cannabis products to its
equivalent quantity of plant material and taking the sum of these
quantities.
The bill also makes conforming changes. For example, it specifies
that, as under current law, if someone is sentenced to prison for
criminal cannabis possession under the bill, the Department of
Correction may release the person to home confinement under
specified conditions (§ 159).
For any of the provisions below setting fines for illegal cannabis
possession, if the person attests to his or her indigency, the person may
complete community service instead of paying the fine. Specifically,
the person must complete one hour of community service for each $25
of the fine that would otherwise apply, with a private nonprofit charity
or other nonprofit organization. The person must attest to completing
the community service and present confirming documentation from
the nonprofit entity.
Penalties for Possession by Individuals Under Age 18 (§ 3(b))
The bill prohibits the police from arresting anyone under age 18 for
possessing cannabis. It establishes the following penalties for these
individuals who possess under five ounces of cannabis plant material,
an equivalent amount of cannabis products, or an equivalent combined
amount of plant material and products:
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 2021SB-01201-R00SS1-BA.DOCX
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3. subsequent offense: adjudicated as delinquent in juvenile court.
By law, youth services bureaus coordinate community-based
services that provide prevention and intervention programs for
delinquent, pre-delinquent, pregnant, parenting, and troubled youths
referred to them by schools, police, and juvenile courts, among others
(CGS § 10-19m).
For individuals under age 18 possessing at least five ounces of
cannabis plant material (or an equivalent product amount or combined
amount), the bill requires a delinquency adjudication in juvenile court,
for a first or subsequent offense.
Penalties for Possession by Individuals Age 18 to 20 (§ 3(c))
The bill establishes the following penalties for 18- to 20-year-olds
possessing under five ounces of cannabis plant material or equivalent
product amounts or combined amounts:
1. first offense: $50 fine, and
2. subsequent offense: $150 fine.
For possession of larger amounts (e.g., five ounces or more of plant
material), the bill establishes the following penalties:
1. first offense: $500 fine, and
2. subsequent offense: class D misdemeanor, punishable by up to
30 days in prison, a fine of up to $250, or both.
In addition, for any quantity of cannabis, 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 Illegal Possession by Individuals Age 21 or Older (§
3(d), (e))
Above Possession Limit and up to Certain Amounts. Under the
bill, someone age 21 or older is subject to fines for possessing more 2021SB-01201-R00SS1-BA.DOCX
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than the bill’s possession limit, but less than (1) five ounces of cannabis
plant material and eight ounces in a locked container in the person’s
residence or locked glove box or trunk in the person’s vehicle or (2) an
equivalent amount of cannabis products or combined amount of
cannabis and cannabis products. The bill establishes a $100 fine for a
first offense and $250 fine for a subsequent offense.
Larger Amounts. The bill establishes the following penalties for
anyone age 21 or older possessing larger amounts of cannabis (e.g., at
least five ounces of plant material or eight ounces in a locked container
at home):
1. first offense: $500 fine and
2. subsequent 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.
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.
POST Guidance (§ 153)
The bill requires the Police Officer Standards and Training Council
(POST), by January 1, 2022, to issue guidance on how police officers
must determine whether the cannabis possessed by a person exceeds 2021SB-01201-R00SS1-BA.DOCX
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the bill’s possession limit.
EFFECTIVE DATE: July 1, 2021, except (1) the POST guidance
provision is effective January 1, 2022, and (2) a conforming change
regarding driver’s license suspensions is effective April 1, 2022.
§§ 4, 115 & 154 — CANNABIS PARAPHERNAL IA
Eliminates existing penalties for drug paraphernalia actions related to cannabis
The bill eliminates current penalties for the use, possession with
intent to use, manufacture, and other specified actions related to drug
paraphernalia in connection with cannabis. Under current law, in
general, these actions are infractions if they relate to less than ½ ounce
of cannabis or misdemeanors if they relate to larger amounts.
EFFECTIVE DATE: July 1, 2021, except a conforming change is
effective April 1, 2022.
§ 5 — DELINQUENCY ADJUDICA TIONS AND SERIOUS JUVENILE
OFFENSES
Prohibits minors from being adjudicated delinquent for certain cannabis possession
offenses and removes most cannabis sale offenses from the list of serious juvenile offenses
Under existing law, minors (age seven through 17) may be
adjudicated delinquent for, among other things, violating most state
laws. The bill prohibits minors from being adjudicated delinquent for a
first or second offense for possessing under five ounces of cannabis or
equivalent product amounts or combined amounts.
Under current law, illegal drug sales are classified as serious
juvenile offenses. The bill removes most cannabis sales from the list of
serious juvenile offenses. Certain sales of large quantities are still
classified as such offenses; specifically, those under CGS § 21a-278(b)).
By law, among other things, serious juvenile offenders are (1) barred
from certain court diversion programs and (2) generally must keep the
juvenile conviction on their record for a longer period than other
juvenile offenders.
The bill also makes technical and conforming changes. 2021SB-01201-R00SS1-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 6 — VIOLATIONS SUBJECT TO INFRACTION PROCEDU RES
Allows people to pay certain cannabis-related fines by mail without making a court
appearance
For certain cannabis-related 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.
This applies to non-criminal offenses for:
1. cannabis possession (various offenses, see § 3);
2. sales and related actions (e.g., a first offense for selling under
eight ounces, see § 13);
3. using cannabis on state lands or waters managed by the
Department of Energy and Environmental Protection (§ 91);
4. a first offense for mispresenting a person’s age or using
someone else’s license to obtain cannabis (§ 108); or
5. a first offense for cannabis retailers or hybrid retailers who
allow underage individuals to loiter or enter certain parts of the
establishment (§ 110).
EFFECTIVE DATE: July 1, 2021
§ 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., sales or possession with
intent to sell or allowing underage people to use cannabis at a
residence) based on discovery of evidence arising from efforts to seek
medical assistance for cannabis-related medical distress. 2021SB-01201-R00SS1-BA.DOCX
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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
conducting a lawful search.
EFFECTIVE DATE: July 1, 2021
§§ 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
Under existing law, offenders convicted of acts that are later
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 (PA 11-71; 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 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, Possession of four ounces or less of cannabis 2021SB-01201-R00SS1-BA.DOCX
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or October 1, 2015 (see
Background) through
June 30, 2021
Before July 1, 2021 Use or possession with intent to use drug paraphernalia
in connection with cannabis use
Before July 1, 2021 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
primary residence for personal use
Additionally, the bill provides for the automatic erasure of
convictions from January 1, 2000, through September 30, 2015, for
possessing less than four ounces of cannabis or any amount of certain
other drugs. This automatic erasure provision does not apply to (1)
narcotics (e.g., heroin or cocaine) or (2) non-marijuana hallucinogens.
PA 11-71, effective July 1, 2011, decriminalized the possession of up
to ½ ounce of marijuana. So, possessing less than that amount since
then is not a crime and 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 do not apply to court
records and transcripts prepared by official court reporters, court
reporting monitors, or any other entity designated by the Chief Court
Administrator.
EFFECTIVE DATE: July 1, 2022, except for the automatic erasure
provisions, which are effective January 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 2021SB-01201-R00SS1-BA.DOCX
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these petitions.
The petitioner must include a copy of the arrest record or an
affidavit supporting that the conviction meets the bill’s requirements
listed above (e.g., for possession convictions, that the amount was four
ounces or 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 criminal case is
pending. If the person was charged with multiple counts, these
provisions do not apply unless all counts are entitled to erasure, except
that when the case is concluded, electronic records, or portions of
them, released to the public must be erased to the extent they reference
charges entitled to erasure.
Automatic Erasure of Certain Possession Convictions (§ 9)
The bill also 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 2021SB-01201-R00SS1-BA.DOCX
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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.
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 those 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 2021SB-01201-R00SS1-BA.DOCX
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or information available to comply with the law, either on a monthly
basis or on another schedule the judicial branch establishes. As noted
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 if 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: July 1, 2021
§ 12 — PROFESSIONAL LICENSI NG 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 2021SB-01201-R00SS1-BA.DOCX
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or affiliation with a cannabis establishment, (2) cannabis possession or
use that is legal under the bill or the medical marijuana law, or (3)
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: July 1, 2021
§§ 13, 15 & 155-158 — PENALTIES FOR ILLEGA LLY SELLING
CANNABIS
Lowers the penalties for illegally (1) selling cannabis and related actions and (2) before
July 1, 2023, growing up to six cannabis plants at home for personal use
Under current law, illegally manufacturing, selling, possessing or
transporting with intent to sell, or engaging in similar actions related
to cannabis is generally 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.
The bill establishes lower penalties for these illegal actions, as
explained below. (These penalties do not apply to lawful actions under
the bill or the existing medical marijuana laws.)
Under existing law, unchanged by the bill, there are felony penalties
for illegal sales (or related actions) of one kilogram or more of cannabis
by someone who is not drug-dependent, with enhanced penalties if the
(1) seller is at least two years older than the buyer who is under age 18
or (2) sale occurs within a certain distance of a school, public housing
project, or child care center (CGS §§ 21a-278(b) and 21a-278a).
Individuals Under Age 18
The bill requires that individuals under age 18 be adjudicated
delinquent for illegal cannabis sales and related actions.
Individuals Age 18 or Older
Under Eight Ounces. The bill establishes the following penalties 2021SB-01201-R00SS1-BA.DOCX
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for individuals age 18 or older for illegal sales or related actions
involving under eight ounces of cannabis plant material, an equivalent
amount of cannabis product, or an equivalent combined amount:
1. first offense: up to a $500 fine, and
2. subsequent offense: class C misdemeanor (up to three months in
prison, up to a $500 fine, or both).
Eight Ounces or More. For illegal sales or related actions involving
larger amounts, the bill’s penalties are as follows:
1. first offense: class B misdemeanor (up to six months in prison, a
fine of up to $1,000, or both), and
2. subsequent offense: class A misdemeanor (up to one year in
prison, a fine of up to $2,000, or both).
Home Grow for Personal Use. The bill sets the following penalties
for someone age 18 or older who, before July 1, 2023, grows up to three
mature and three immature cannabis plants at the person’s home for
personal use:
1. first offense: a written warning,
2. second offense: up to $500 fine, and
3. subsequent offense: class D misdemeanor.
The bill prohibits evidence of such a violation from being admissible
in any criminal proceeding unless that evidence was discovered
during police investigation of a cannabis possession or sale crime or
certain other illegal drug sales.
Conforming and Other Changes (§§ 155-158)
The bill extends to these illegal cannabis sale provisions certain
existing laws that apply to illegal drug sales and related actions. So, as
is the case for existing laws on illegal drug sales:
1. under specified circumstances, violations are subject to the laws 2021SB-01201-R00SS1-BA.DOCX
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on public nuisances (§ 155) and racketeering (§ 156); and
2. a state’s attorney may apply for a court order to authorize
wiretapping to investigate these offenses (§ 158).
Under current law, property from drug sale proceeds and certain
related property are subject to forfeiture under specific procedures,
separate from procedures for most other types of criminal activity. The
bill exempts property from illegal cannabis sales under the above
provisions from forfeiture (§ 157).
EFFECTIVE DATE: July 1, 2021
§ 14 — CANNABIS GIFTS
Allows consumers to give cannabis 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 to other consumers for free (i.e., without compensation or
consideration). This applies if the giver reasonably believes that the
other person may possess the cannabis without exceeding the bill’s
possession limit.
EFFECTIVE DATE: July 1, 2021
§ 16 — PAROLE, SPECIAL PARO LE, OR PROBATION
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 if
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 a
finding that cannabis use would pose a danger to the person or the
public, with individualized reasons supporting that finding and (2)
require the person not to use cannabis. Under the bill, this finding
must not consider any prior arrests or convictions for cannabis use or
possession. 2021SB-01201-R00SS1-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 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 a finding that the person’s use would be dangerous to
himself, herself, or the public, with individualized reasons supporting
that finding. In making this finding, they cannot consider the person’s
prior arrests or convictions for cannabis use or possession.
EFFECTIVE DATE: July 1, 2021
§ 18 — SEARCHES AND MOTOR V EHICLE STOPS
Limits when cannabis odor or possession can justify a search or motor vehicle stop
The bill generally provides that the following do not constitute (in
whole or part) probable cause or reasonable suspicion, and must not
be used as a basis to support any stop or search of a person or motor
vehicle:
1. the possession or suspected possession of up to five ounces of
cannabis plant material (or an equivalent amount of products or
combined amount);
2. the presence of $500 or less in cash or currency near the
cannabis; 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 2021SB-01201-R00SS1-BA.DOCX
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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: July 1, 2021
§ 19 — BOARD OF EDUCATION P OLICIES
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 giving students greater
discipline, punishment, or sanctions for cannabis use, possession, or
sale than they would for alcohol.
EFFECTIVE DATE: October 1, 2021
§ 20 — DOMESTICATED ANIMALS
Establishes penalties for feeding cannabis to domesticated animals
The bill makes it a class C misdemeanor to provide cannabis to a
domesticated animal.
EFFECTIVE DATE: October 1, 2021
§ 21 — GENERAL RESTRICTIONS ON CANNABIS SALES AN D
DELIVERIES
Restricts who may sell or deliver cannabis to (1) consumers and (2) qualifying medical
marijuana patients and their caregivers
The bill generally prohibits anyone other than:
1. retailers, hybrid retailers, micro-cultivators, delivery services, or
their employees from selling or offering cannabis to consumers; 2021SB-01201-R00SS1-BA.DOCX
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and
2. hybrid retailers, dispensary facilities, delivery services, or their
employees from selling or offering cannabis to qualifying
medical marijuana patients and caregivers.
The above restrictions apply except as otherwise provided under
the bill or the existing drug or medical marijuana laws.
The bill also generally prohibits anyone except delivery services or
their employees (subject to the bill’s restrictions on them, see § 47)
from delivering cannabis to consumers, patients, or caregivers. But it
allows retailers, hybrid retailers, micro-cultivators, and dispensary
facilities, for a certain period, to use their own employees to deliver
cannabis to the same individuals to whom they may sell it. This period
ends 30 days after the date the first five delivery service licensees begin
public operation. The DCP commissioner must publish that date on the
department’s website.
EFFECTIVE DATE: July 1, 2021
§ 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 15-member Social Equity Council. The bill
places the council within the Department of Economic and
Community Development (DECD) for administrative purposes only.
Council Membership and Administration
Under the bill, the council’s membership includes the DCP and
DECD commissioners, the state treasurer, and the OPM secretary, or
their designees.
The council also includes 11 appointed members, as shown in the
following table.
Social Equity Council Appointed Members
Appointing Authority Appointee Qualifications 2021SB-01201-R00SS1-BA.DOCX
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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 Individual from a community that has been
disproportionately harmed by cannabis prohibition and
enforcement
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 chairperson
Unspecified qualifications
Governor Four appointees:
An individual from a community that has been
disproportionately harmed by cannabis prohibition
and enforcement
An individual with a professional background of at
least five years working in economic development
An executive branch official focused on workforce
development
An individual with unspecified qualifications
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.
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. 2021SB-01201-R00SS1-BA.DOCX
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The bill provides that the council’s members are not paid for their
service, but they must be reimbursed for their necessary expenses
within available appropriations.
The bill requires the governor to appoint an interim executive
director to operationalize and support the council until it appoints an
executive director. Under the bill, subject to the State Personnel Act
(i.e., the state employee civil service laws) and within available
appropriations, the council may appoint an executive director and
other employees as may be necessary to discharge its duties.
Council Responsibilities and Authority
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.
The bill allows the council to:
1. request from state agencies information and assistance, which
the agencies must provide to the council upon request;
2. use available funds from federal, state, or other sources;
3. enter into contracts to carry out its purposes, including contracts
or agreements with Connecticut Innovations, Incorporated; the
state system of higher education’s constituent units; regional
workforce development boards; and community development
financial institutions;
4. use voluntary and uncompensated services offered by
individuals, state or federal agencies, and organizations;
5. accept any gift, donation, or bequest for the purpose of
performing its duties;
6. hold public hearings;
7. establish standing committees, as necessary, to perform its 2021SB-01201-R00SS1-BA.DOCX
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duties; and
8. adopt regulations as it deems necessary to carry out its duties.
The bill requires the council, within 45 days after the bill’s passage
or at a later date the council determines, 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, or other matters the council determines:
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;
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 January 1, 2022, and considering the study’s results, the council
must make recommendations to the governor and the Finance, 2021SB-01201-R00SS1-BA.DOCX
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Revenue and Bonding, General Law, and Judiciary committees for
legislation to implement these social equity provisions. The
recommendations must address:
1. creating programs to ensur e 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 beverage
manufacturer, product packager, transporter, 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 workforce
development plan to reinvest or provide jobs and training
opportunities for individuals in disproportionately impacted
areas (after developing criteria for these plans, the council must
review and approve or deny in writing any such plan submitted
by a producer or hybrid retailer);
5. establishing criteria for a social equity plan for any cannabis
establishment licensed on or after January 1, 2022, to further the
principles of equity (after developing criteria for these plans, the
council must review and approve or deny in writing any such
plan a cannabis establishment submits as part of its final license
application);
6. recruiting individuals from disproportionately harmed
communities to the workforce training program established
under the bill (see § 39 below);
7. potential uses for revenue generated under the bill to further
equity; 2021SB-01201-R00SS1-BA.DOCX
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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.
The bill requires the council to annually, beginning by August 1,
2021, identify one or more U.S. census tracts in the state that are
disproportionately impacted areas and publish a list of these tracts on
the council’s website. To do so, the council must use the most recent
five-year U.S. Census Bureau American Community Survey estimates
or any successor data.
The bill also requires the council to develop the criteria for
evaluating the ownership and control of joint ventures and review and
approve or deny in writing these joint ventures before their licensure
(see §§ 27 and 145).
Under the bill, upon receiving funds from producers applying to
engage in expanded activities (see § 26), the council also must develop
a program to assist social equity applicants to open two or fewer
micro-cultivator establishment businesses in total. The bill requires (1)
producers to provide mentorship to these social equity applicants and
(2) the council, with the department, to determine a system to select
applicants to participate in this program without participating in a
lottery or request for proposals.
EFFECTIVE DATE: Upon passage
§ 23 — CANNABIS ARREST AND CONVICTION DATA
Requires the Social Equity Council to report on cannabis arrest and conviction data 2021SB-01201-R00SS1-BA.DOCX
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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, manufacture, and sales,
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 be (1) a cannabis
establishment employee or (2) employed by a cannabis establishment
or licensee.
EFFECTIVE DATE: July 1, 2021
§ 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 or transporter employees who do not (a)
transport, store, or distribute, or have access to cannabis or (b)
engage in security controls or contract management with other
cannabis establishments;
2. product packager employees who do not (a) have access to
cannabis, or (b) engage in the physical packaging, security
controls, or contract management with other cannabis
establishments; and
3. other employee categories the commissioner determines, 2021SB-01201-R00SS1-BA.DOCX
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provided that key employees are not exempt from registration
or licensure requirements.
EFFECTIVE DATE: July 1, 2021
§ 25 — ADVERSE ACTION DUE TO FEDERAL LAW PROHI BITED
Generally 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 unless federal law requires it; 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, except for
any adverse action that federal law requires be taken, including the
state’s disqualification of a commercial driver’s license, commercial
learner’s permit, commercial motor vehicle operator’s privilege, or
hazardous materials endorsement, for federal law violations related to
cannabis for which the federal motor carrier safety regulations or
hazardous materials regulations require disqualification, or for which
the Federal Motor Carrier Safety Administration or the Pipeline and
Hazardous Materials Safety Administration has, based on the
violation, issued a disqualification order.
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, backers, or agents as
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, 2021SB-01201-R00SS1-BA.DOCX
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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, with DCP’s authorization, to expand their license so
that they may engage in certain recreational cannabis-related activities; requires
producers, among other things, to either contribute $500,000 to the Social Equity Council
or enter into an agreement with a social equity partner to provide the partner with at least
5% of its expanded grow space for a new social equity business
The bill allows a licensed producer, in addition to the activities
permitted under the medical marijuana laws, to expand its license and
be authorized to manufacture, package, sell, deliver, transfer, or
transport cannabis to cannabis establishments using a transporter or
the producer’s own employees and with DCP’s written authorization.
However, the bill prohibits producers from transporting any cannabis
to consumers, patients, or caregivers directly or through a delivery
service.
In order to obtain the commissioner’s approval to engage in the
expanded activity described above, a producer must submit the
following:
1. a complete license expansion application on a DCP-prescribed
form;
2. a medical cannabis preservation plan to ensure against supply
shortages of medical marijuana products, which must be
approved or denied at the DCP commissioner’s discretion;
3. a conversion fee payment of $3 million or, if the producer
participates in at least two approved equity joint ventures, $1.5
million (see § 27); and 2021SB-01201-R00SS1-BA.DOCX
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4. a workforce development plan that the Social Equity Council
reviewed and approved for compliance with requirements the
council developed.
Producers must also (1) contribute $500,000 to the council for a
program to help social equity applicants open micro-cultivator
establishments (see § 22 above) or (2) submit evidence of an agreement
with a social equity partner (see below).
Social Equity Agreement and Business
Under the bill, instead of contributing $500,000 to the Social Equity
Council, a producer may enter into an agreement with a social equity
partner to provide the partner with 5% of the grow space associated
with the producer’s expanded activity in order to establish a social
equity business. The producer must, for at least five years, mentor the
social equity partner and provide all overhead costs needed to ensure
success, as the council determines and codifies in an agreement
between the social equity partner and producer. The producer must
ensure that the social equity partner complies with the bill’s cannabis
cultivation, testing, labeling, tracking, reporting, and manufacturing
provisions that apply to cultivators. The social equity partner must
own, and be entitled to, 100% of the social equity business’s profits.
The council may require evidence of a social equity partnership,
including evidence of business formation, ownership allocation, terms
of ownership and financing, and proof of the social equity applicant
involvement. The producer or social equity partner must submit
information to the council that enables it to determine the ownership
terms, including the entity’s organizing documents that outline the
ownership stake of each backer, initial backer investment, and payout
information. Before submitting the agreement to DCP, the council
must approve the social equity partner and business agreement.
Under the bill, a “social equity partner” means a person (e.g.,
business entity) that is at least 65% owned and controlled by an
individual or individuals, or the applicant is an individual, who: 2021SB-01201-R00SS1-BA.DOCX
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1. (a) had an average household income of less than 300% of the
state median household income over the three tax years
immediately preceding the individual’s application and (b) was
a resident of a disproportionately impacted area for at least five
of the 10 years immediately preceding the application date or
2. was a resident of a disproportionately impacted area for at least
nine years before turning 18.
EFFECTIVE DATE: July 1, 2021
§§ 27 & 145 — EQUITY JOINT VENTURE S
Requires producers and dispensaries to create equity joint ventures to pay a lower license
expansion authorization fee or convert to a hybrid retailer; sets minimum ownership,
application, and license requirements; prohibits certain percentage increases of certain
ownership in first 10 years; and limits where certain ventures may be located
Producer Joint Ventures (§ 27)
Under the bill, in order to pay a reduced license expansion
authorization fee (i.e., $1.5 million), a producer must commit to
establishing two equity joint ventures that the Social Equity Council
approves and DCP licenses (see below). The equity joint venture must
be in any cannabis establishment licensed business, other than a
cultivator license, and the social equity applicant must own at least
50% of the business.
Application Procedure and Contents. To obtain approval for an
equity joint venture, the producer or social equity applicant must
apply to the council. On the application the applicant:
1. may submit evidence of business formation, ownership
allocation, ownership and financing terms, and proof of social
equity applicant involvement and
2. must submit information with the entity’s organizing
documents that outline each backer’s ownership stake, initial
investment, and payout information to enable the council to
determine ownership terms.
Upon receiving the council’s written approval, the applicant must 2021SB-01201-R00SS1-BA.DOCX
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apply for a DCP license in the same form as required by all other
licensees of the same license type, except the application is not subject
to the lottery.
Ownership and Location Limits. The bill prohibits a producer,
including its backer, from increasing its ownership in an equity joint
venture to more than 50% in the seven years after DCP issues a license.
It also prohibits equity joint ventures that share a common producer or
producer backer, and that are retailers or hybrid retailers, from being
located within 20 miles of another commonly owned equity joint
venture.
Financial Liability. A producer that pays the reduced conversion
fee but does not subsequently create at least two equity joint ventures
is liable for the full $3 million conversion fee.
Conversion to Hybrid Retailer (§ 145)
Under the bill, in order for a dispensary facility to convert to a
hybrid retailer, it must have a Social Equity Council-approved
workforce development plan. In addition, it must pay a fee of (1) $1
million or (2) $500,000, if it has committed to create one equity joint
venture that the council approves and DCP then licenses. Such an
equity joint venture must be created to develop a cannabis
establishment business with a social equity applicant that owns at least
50% of the business and where the facility owns no more than 50%.
Application Procedure and Contents. An equity joint venture
applicant must submit an application to the council, which may
include evidence of business formation, ownership allocation,
ownership and financing terms, and proof of social equity applicant
involvement. The dispensary facility or social equity applicant of the
equity joint venture must also submit an application to the council,
which may include this same information. In addition, the dispensary
facility or social equity applicant must submit the same information to
the council as is required for a producer or social equity applicant of an
equity joint venture (e.g., organizing documents; see above). 2021SB-01201-R00SS1-BA.DOCX
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Upon receiving the council’s written approval of the equity joint
venture, the dispensary facility or the applicant must apply for a DCP
license in the same form as required by other licensees of the same
license type and subject to the same fees.
Ownership and Location Limits. The bill prohibits a dispensary,
including its backer, from increasing its ownership in an equity joint
venture to more than 50% in the seven years after DCP issues a license.
It also prohibits equity joint ventures that are retailers or hybrid
retailers that share a common dispensary facility or backer owner from
being located within 20 miles of another commonly owned equity joint
venture.
Financial Liability. A dispensary facility that pays the reduced
conversion fee but does not subsequently create one equity joint
venture is liable for the full $1 million conversion fee.
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 or (2) entering into exclusive contracts
The bill prohibits cannabis retailers or hybrid retailers from
accepting payment or other forms of compensation, whether directly
or indirectly, from a cultivator, micro-cultivator, producer, food and
beverage manufacturer, product manufacturer, or product packager to
carry a cannabis product or for placing or promoting a product in the
retail establishment or through other promotional initiatives. It also
prohibits these retailers from entering into exclusive or near exclusive
contracts or those that allow preferential treatment with these entities
or other contracts that limit the retailer from purchasing from other
entities.
EFFECTIVE DATE: July 1, 2021
§ 28 — SALES OF CANNABIS IN TENDED FOR ANIMAL US E
PROHIBITED 2021SB-01201-R00SS1-BA.DOCX
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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 per day; sets the limit at five ounces
per day 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 per day of
cannabis, the equivalent amounts of cannabis products, or a
combination of both. But the bill allows a hybrid retailer or dispensary
facility to sell up to five ounces per day to qualifying patients or
caregivers. 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 when the commissioner determines that the
shortage or concern no longer exists.
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.
EFFECTIVE DATE: July 1, 2021
§ 28 — CREDENTIAL ASSIGNMEN T PROHIBITED
Generally prohibits the assignment or transfer of a cannabis credential or obtaining or
moving cannabis from outside Connecticut if it violates federal law 2021SB-01201-R00SS1-BA.DOCX
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The bill prohibits anyone issued a license or registration under the
bill from (1) assigning or transferring it without the commissioner’s
prior approval or (2) selling, transferring, or transporting cannabis to,
or obtaining cannabis from, a location outside Connecticut if the
activity violates federal law.
EFFECTIVE DATE: July 1, 2021
§ 29 — REGISTRATION OR LICENSE REQUIRED
Requires (1) cannabis establishment, laboratory, or research program employees to be
registered and (2) backers or key employees to be licensed; specifies certain crimes
disqualify prospective licensees; requires certain individuals to notify DCP within 48
hours after the arrest or conviction of an offense that constitutes a disqualifying conviction
The bill requires cannabis establishment, laboratory, or research
program 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 business.
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;
3. provide demographic information; and
4. obtain any other information DCP determines is consistent with
the bill or the medical marijuana laws. 2021SB-01201-R00SS1-BA.DOCX
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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
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); 2021SB-01201-R00SS1-BA.DOCX
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13. willfully delivering or disclosing certain tax forms that the
person knows to be fraudulent (CGS § 12-737(b)); or
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, generally within five business days after the
change. These individuals must notify the department, on a DCP-
prescribed manner, within 48 hours after any arrest or conviction for
an offense that constitutes a disqualifying conviction.
The bill allows DCP to adopt regulations to implement these
provisions and allows it to adopt policies and procedures (see § 32
below) before adopting these regulations.
EFFECTIVE DATE: July 1, 2021
§§ 30 & 31 — CRIMINAL HISTORY CHECKS
Requires all individuals listed on an application to submit to criminal history checks
before getting their license; allows DCP to require criminal history checks for license
renewals
On and after July 1, 2021, the bill generally requires the DCP
commissioner to require all individuals listed on an application for a
cannabis establishment license, laboratory or research program license,
or key employee license to 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 all these individuals to
comply with the same requirements before renewing the license. The
bill requires DCP to charge the applicant a fee equal to the cost.
Alternatively, the bill also allows the commissioner to accept a
third-party local and national criminal background check submitted by
an applicant for a backer or key employee license or renewal instead of 2021SB-01201-R00SS1-BA.DOCX
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a fingerprint-based national criminal history records check. The bill
requires that any of these checks (1) 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 and (2) include
a multistate and multi-jurisdiction criminal record locator or other
similar commercial nationwide database with validation, and other
background screening the commissioner may require. The applicant
must request this background check within 60 days before submitting
the application.
EFFECTIVE DATE: July 1, 2021
§ 32 — IMPLEMENTING REGULAT IONS AND POLICIES AN D
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)
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 carry out 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 the Secretary of the State (SOTS) to be posted on the
eRegulations system. A policy or procedure is no longer effective once
SOTS codifies the final regulation or, if the regulations have not been
submitted to the Regulation 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 2021SB-01201-R00SS1-BA.DOCX
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limits and delineation requirements for cannabis, if a
standardized serving of edible cannabis product or beverage,
other than a medical marijuana product, 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 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
product or beverage, the product, other than cannabis
concentrate or medical marijuana product, 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 an d 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 and printed
advertisements, advisories, and printed health materials);
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 certain manufacturing methods, or including additives
to cannabis products, including (a) flavoring, terpenes, or other
additives unless DCP-approved or (b) any form of nicotine or
other additive containing nicotine;
8. prohibit product types that appeal to children;
9. establish physical and cyber security requirements related to 2021SB-01201-R00SS1-BA.DOCX
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build out, monitoring, and protocols for cannabis
establishments as requirements for licensure;
10. place temporary limits on cannabis sales in the adult-use
market, if the commissioner deems it appropriate and necessary
to respond to 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;
12. require producers, cultivators, micro-cultivators, product
manufacturers, and food and beverage manufacturers to
register brand names for cannabis under the procedures and
subject to the fees in the medical marijuana law;
13. prohibit a cannabis establishment from selling, other than
medical marijuana product sales between cannabis
establishments and cannabis sales to qualified patients and
caregivers, (a) cannabis flower or other cannabis plant material
with a total THC concentration greater than 30% on a dry-
weight basis and (b) any cannabis product other than the flower
and plant material with a total THC concentration greater than
60% on a dry-weight basis, except for the sale of prefilled
cartridges for use in an electronic cannabis delivery system
(DCP may adjust these percentages through regulations for
public health purposes or to address market access or
shortages); and
14. permit outdoor cannabis cultivation.
The commissioner must also impose policies and procedures and
then regulations on labeling and packaging requirements for cannabis
a cannabis establishment sells. These must include:
1. a universal symbol to indicate that a product contains cannabis,
and how the product and packaging must use and exhibit the 2021SB-01201-R00SS1-BA.DOCX
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symbol;
2. a disclosure about how long it typically takes for the cannabis to
affect an individual, including that certain forms take longer to
have an effect;
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;
5. child-resistant packaging, including a requirement that an
edible product be individually wrapped;
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 (a) that all packaging be opaque, (b) about
branding or logos, and (c) that the amounts and concentrations
of THC and cannabidiol, per serving and per package, are
clearly marked on the packaging or label of any cannabis
product sold.
EFFECTIVE DATE: Upon passage
§ 33 — CERTAIN ADVERTISEMEN TS PROHIBITED
Prohibits cannabis establishments and anyone advertising cannabis products or services
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; deems violations
CUTPA violations
The bill prohibits cannabis establishments and any person
advertising any cannabis or services related to cannabis from:
1. advertising cannabis, cannabis paraphernalia, or cannabis- 2021SB-01201-R00SS1-BA.DOCX
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related goods or services in ways that target or are designed to
appeal to those under age 21 (this includes having
spokespersons or celebrities who appeal to these underage
individuals; depicting anyone under age 21 consumi ng
cannabis; 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 by means of television, radio, Internet,
mobile applications, social media, other electronic
communication, billboard or other outdoor signage, or print
publication 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 is
restricted to those age 21 and older;
4. advertising cannabis or cannabis products in a manner claiming
or implying, or permitting any establishment employee to claim
or imply, the product has curative or therapeutic effects, or that
any other medical claim is true, or allowing any employee to
promote cannabis for wellness purposes, unless the claims are
substantiated in the medical marijuana regulations or a licensed
pharmacist or other licensed medical practitioner verbally
conveys it during the course of business in, or while
representing, 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
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 2021SB-01201-R00SS1-BA.DOCX
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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 an
elementary or secondary school ground, recreation center or
facility, child care center, playground, public park, or library;
7. cultivating cannabis or manufacturing cannabis products for
distribution outside of Connecticut in violation of federal law,
or advertising in any way to encourage transporting cannabis
across state lines or otherwise encouraging illegal activity;
8. except for dispensary facilities and hybrid retailers, exhibiting
within or on the outside of the facility used to operate the
cannabis establishment, or including in any advertisement, the
word “dispensary” or any variation of the term or any other
words, displays, or symbols indicating the store, shop, or
business place is a dispensary;
9. exhibiting within or on the outside of the premises subject to the
cannabis establishment license or including in any
advertisement the words “drug store,” “pharm acy,”
“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;
10. advertising on or in public or private vehicles or at bus stops,
taxi stands, transportation waiting areas, train stations, airports,
or other similar transportation venues, including vinyl-wrapped
vehicles or signs or logos on transportation vehicles a cannabis
establishment does not own;
11. displaying cannabis or cannabis products that are clearly visible
to a person from the outside of the facility used to operate the
cannabis establishment, or displaying signs or other printed
material advertising any brand or any kind of cannabis or
cannabis product on the outside of the facility used to operate 2021SB-01201-R00SS1-BA.DOCX
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the cannabis establishment;
12. using radios or loudspeakers, in a vehicle or in or outside the
facility used to operate the cannabis establishment, to advertise
the sale of cannabis or cannabis products; and
13. operating any website advertising or depicting cannabis,
cannabis products, or cannabis paraphernalia, unless the
website verifies the entrants or users are age 21 or older.
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 conspicuous, easily legible,
and take up not 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.
The bill deems violations of the advertising provisions as a
Connecticut Unfair Trade Practices Act (CUTPA) violation.
CUTPA prohibits businesses from engaging in unfair and deceptive
acts or practices. It allows the DCP commissioner to issue regulations
defining what constitutes an unfair trade practice, investigate
complaints, issue cease and desist orders, order restitution in cases
involving less than $10,000, enter into consent agreements, ask the
attorney general to seek injunctive relief, and accept voluntary
statements of compliance. It also allows individuals to sue. Courts may
issue restraining orders; award actual and punitive damages, costs,
and reasonable attorney’s fees; and impose civil penalties of up to
$5,000 for willful violations and up to $25,000 for a restraining order
violation.
EFFECTIVE DATE: July 1, 2021
§ 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 2021SB-01201-R00SS1-BA.DOCX
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The bill prohibits DCP from registering, and allows the department
to require revision of, any submitted or registered cannabis brand
name that is:
1. identical or confusingly similar to the name of an existing non-
cannabis product or unlawful product or substance;
2. confusingly similar to a previously approved cannabis brand
name;
3. obscene or indecent; and
4. customarily associated with individuals under age 21.
EFFECTIVE DATE: July 1, 2021
§ 34 — LICENSE APPLICATION AND FEES
Allows DCP to accept applications 30 days after the Social Equity Council identifies the
criteria for social equity and other applications; sets application fees and generally allows
social equity applicants to pay 50%
Under the bill, starting by 30 days after the Social Equity Council
identifies the criteria and the necessary supporting documentation for
social equity applicants and posts the information on its website, DCP
may accept applications for the following types of cannabis
establishment licenses:
1. retailer,
2. hybrid retailer,
3. cultivator,
4. micro-cultivator,
5. product manufacturer,
6. food and beverage manufacturer,
7. product packager,
8. delivery service, and 2021SB-01201-R00SS1-BA.DOCX
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9. transporter.
Each license application must require the applicant to indicate
whether he or she wants to be considered a social equity applicant. On
and after July 1, 2021, the bill allows DCP to accept applications from
(1) any dispensary facility to convert its license to a hybrid-retailer
license and (2) any producer for authorization to expand its license to
engage in the adult use cannabis market.
The DCP commissioner must prescribe the form and manner of
application and include a method for the applicant to request
consideration as a social equity applicant. DCP (1) must post on its
website the application period for each license type and (2) may only
consider complete and timely applications.
Fees
Under the bill, the following initial or renewal fees must be paid by
each applicant (except for 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 or transporter
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. 2021SB-01201-R00SS1-BA.DOCX
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Under the bill, the initial or renewal fee is (1) $100 for a backer or
key employee license and (2) $50 for other employee registrations.
With exceptions (see §§ 26 & 145), the license conversion fee for (1) a
dispensary facility to become a hybrid retailer is $1 million and (2) a
producer to engage in the adult use cannabis market is $3 million.
For dispensary facilities that converted to a hybrid retailer, the
renewal fee must be the same as the hybrid retailer fee (i.e., $25,000).
For any producer, the renewal fee remains the same as under the
medical marijuana laws (i.e., $75,000).
Under the bill, a social equity applicant must pay 50% of the
specified amount for the first three renewal cycles of the applicable
license applied for, and the full amount for subsequent renewals,
except the applicant must pay the full amount for conversion and
expansion fees.
For FY 23 and thereafter, the bill requires any fee DCP collects to be
paid to the State Treasurer and credited to the General Fund, except
the conversion and expansion fees must be deposited in the social
equity and innovation account (see § 128 below).
EFFECTIVE DATE: July 1, 2021
§ 35 — APPLICATION PROCESS AND LOTTERY
Requires the Social Equity Council to confirm applicants qualify as social equity
applicants; requires DCP to determine the maximum number of licenses, with 50%
reserved for social equity applicants
Social Equity Council Application Review
The bill requires the Social Equity Council to review the ownership
information and any other information needed to confirm an applicant
qualifies as a social equity applicant for all license type applications, if
the applicant designates that he or she is a social equity applicant. The
council must also prescribe the documentation needed to establish that
the ownership, residency, and income requirements are met. On or
before September 1, 2021, the council must post the qualifying criteria
and necessary documentation requirements on its website to inform
applicants of the requirements before the application period starts. 2021SB-01201-R00SS1-BA.DOCX
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Maximum License Determination
Under the bill, except for cultivator licenses, before DCP starts
accepting applications for a license type, it must determine the
maximum number of applications that will be considered for that
license type and post the information on its website. DCP must reserve
50% of the maximum number of applications that must be considered
for each license type to be (1) selected through a social equity lottery
and (2) reserved for social equity applicants. If an application period
closes and the council has identified more qualifying social equity
applicants than the number allocated to be reserved, a third-party
lottery operator must conduct a lottery (see below) to identify
applications for DCP and the council to review.
Social Equity Application Documentation
Upon receiving an application from a social equity applicant, or if a
social equity lottery is conducted, after the lottery, DCP must provide
the Social Equity Council the documentation (e.g., ownership,
residency, and income) it received during the application process. The
bill prohibits DCP from providing the council identifying information
beyond what it needs to establish social equity status. The council
must review these applications to determine whether the applicant
meets the social equity criteria.
Social Equity Application Evaluation
If the council determines that an applicant does not qualify as a
social equity applicant, the application must not be reviewed further
for receiving a license reserved for social equity applicants. Any
application subject to, but not selected through, the social equity
lottery process must not be reviewed as a social equity application but
must be entered into the lottery for the remaining applications for the
license type. The applicant may be reviewed further if selected through
such a lottery, provided the applicant pays the additional amount
needed for the full fee to enter the lottery within five business days of
the council notifying the applicant that it did not qualify as a social
equity applicant. Within 30 days after an applicant is notified of the
denial, the applicant may appeal the denial to Superior Court in 2021SB-01201-R00SS1-BA.DOCX
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accordance with the UAPA.
Upon the council’s determination that an application selected
through the lottery does not qualify as a social equity applicant, DCP
must request the lottery operator to identify the next-ranked
application in the applicable lottery. The process may continue until
the (1) council has identified for further consideration all the maximum
number of applications DCP sets on its website or (2) lottery indicates
there are no further applications to be considered.
The bill requires the council to identify for DCP the applications, for
each license type, that qualify as social equity applicants and that the
department should review for awarding a provisional license.
EFFECTIVE DATE: July 1, 2021
§ 35 — LOTTERY AND APPLICAT ION RANKING
Sets procedure for 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 in total
or to be reserved for social equity applicants, a third-party lottery
operator must conduct a lottery to identify applications for DCP and
the Social Equity Council to review.
The bill defines a “third-party lottery operator” as a person, or a
state higher education institution, that conducts the lotteries, identifies
the cannabis establishment license applications for consideration
without reviewing the applications that are identified for
consideration, and has no direct or indirect oversight of or investment
in a cannabis establishment.
Third-Party Lottery Operator
Under the bill, the third-party operator must:
1. not be given any application received after the application
period closes;
2. give equal weight to every complete application submitted 2021SB-01201-R00SS1-BA.DOCX
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during the application period; and
3. conduct multiple, separate geographic lotteries if DCP requires.
The bill requires the lottery operator to conduct a separate lottery
for social equity applicants of each license type and a separate
independent lottery for each license type that results in each
application being randomly ranked starting with one and continuing
sequentially.
Numerical Rankings
The third-party operator must also rank all applications in each
lottery numerically according to the order in which they were drawn,
including those that exceed the number considered. The operator
must then identify for DCP all applicants to be considered, which must
consist of the applications ranked numerically.
Independent Lottery
After receiving the list of social equity applications from the council,
DCP must notify the lottery operator, which must then (1) conduct an
independent lottery for all remaining applicants for each license type,
(2) rank all applications numerically including those that exceed the
number to be considered, and (3) identify for DCP all applications to
be reviewed. The number of applications to be reviewed must include
the applications ranked numerically one through the maximum
number set (see above), provided that if fewer social equity applicants
are identified, the maximum number must be the number necessary to
ensure that 50% of the applications for each license type identified
through the lottery process are social equity applicants.
Confidentiality
Under the bill, the numerical rankings the third-party lottery
operator creates are confidential and are not subject to FOIA
disclosure.
EFFECTIVE DATE: July 1, 2021
§ 35 — REVIEW FOR DISQUALIFYING CONDITIONS 2021SB-01201-R00SS1-BA.DOCX
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Requires DCP and the council to review applications selected through the lottery for
disqualifying conditions; provides a process for removing certain backers
Under the bill, DCP must review each application to be considered,
as the third-party operator or council identifies, to confirm it is
complete and determine whether any application:
1. includes a backer with a disqualifying conviction or that 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.
The bill prohibits additional backers from being added to a cannabis
establishment application between the time of lottery entry, or any
initial license application, and when a final license is awarded.
However, if an applicant’s or licensee’s backer dies, they may apply to
replace the deceased individual, if the applicant is a social equity
applicant. The council must review ownership to ensure the
replacement would not cause the applicant to no longer qualify as a
social equity applicant.
Denied Applications
Under the bill, if an applicant or an applicant’s single backer is
disqualified because of the criteria set above, the entire application
must be denied. The denial is DCP’s final decision, provided backers of
the applicant entity named in the lottery application submission may
be removed before the applicant submits a final license application,
unless the removal would result in a social equity applicant no longer
qualifying as a social equity applicant.
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 2021SB-01201-R00SS1-BA.DOCX
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notice to the applicant, the applicant may appeal to the Superior Court
under the UAPA.
If an application is disqualified as described above, the bill allows
DCP to request that the third-party lottery operator identify the next-
ranked application in the applicable lottery. If the denied applicant is a
social equity applicant, the council must first review the next-ranked
social equity applicant to confirm their qualifications before DCP
reviews the applicant. This process may continue until the department
has identified for further consideration the number of applications
equivalent to the maximum number set 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. To the
extent the denials result in less than 50% of applicants being social
equity applicants, DCP must continue to review and issue provisional
and final licenses for the remaining applications but must reopen the
application period for social equity applicants only.
EFFECTIVE DATE: July 1, 2021
§ 35 — PROVISIONAL LICENSES
Requires DCP to issue provisional licenses, valid for 14 months, if an application is not
disqualified
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.
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 2021SB-01201-R00SS1-BA.DOCX
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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.
Upon granting a provisional license, DCP must notify the applicant of
the project labor agreement the bill requires (see § 103 below). A
provisional licensee may apply for a final license during the initial
application period.
EFFECTIVE DATE: July 1, 2021
§ 35 — FINAL LICENSE
Specifies the information that final license applications must include, such as a labor peace
agreement
The bill requires final license applications to be submitted on a form
and in a manner the DCP commissioner approves and to include the
information required before, as well as evidence of the following:
1. a contract with an entity providing an approved electronic
tracking system;
2. a right to occupy the location where the cannabis establishment
will be located;
3. any necessary local zoning approval for the cannabis
establishment operation;
4. a council-approved social equity plan and workforce
development plan;
5. written policies for preventing diversion and misuse of cannabis
and sales to underage people;
6. all other security requirements DCP sets based on the specific 2021SB-01201-R00SS1-BA.DOCX
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license type;
7. a labor peace agreement entered into between the cannabis
establishment and a bona fide labor organization; and
8. a certification by the applicant that a project labor agreement
will be entered into before construction of any facility the
establishment uses for operations.
Under the bill, a “labor peace agreement” is an agreement between
a cannabis establishment and a bona fide labor organization where the
establishment’s owners and management agree not to lock out
employees and that prohibits the 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. Additionally, 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 in compliance with state law are complete, all employees
have been registered, and all key employees and backers have been
licensed.
EFFECTIVE DATE: July 1, 2021 2021SB-01201-R00SS1-BA.DOCX
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§ 36 — CHANGE IN OWNERSHIP REGULATIONS
Requires the Social Equity Council to adopt regulations and policies and procedures to
prevent changes of social equity ownership within three years of license issuance
The bill requires the Social Equity Council to adopt regulations to
prevent a cannabis establishment license awarded to a social equity
applicant from being sold to, or changing ownership or control such
that it is owned or controlled by, someone other than another social
equity applicant during the provisional licensure period, and for three
years after final licensure, except under specified circumstances. Under
the bill, the exception is for cases where the backer has died or has a
condition, including a physical illness or loss of skill or deterioration
due to the aging process or an emotional disorder or mental illness,
that would interfere with the backer’s ability to operate.
Regardless of the UAPA’s regulation adoption process, before
adopting these regulations, the council must issue policies and
procedures to implement this provision. The policies and procedures
have the force and effect of law. At least 15 days before they take effect,
the council must post the policies and procedures on its website and
submit them to SOTS for posting on the eRegulations system. A policy
or procedure is no longer effective once adopted as a final regulation
or, if the regulations have not been submitted to the Regulation
Review Committee, starting on July 1, 2025, whichever is earlier. The
council may refer any violation of these policies and procedures, or
regulations relating to the sale or change in ownership, to DCP for
administrative enforcement, which may result in a fine of up to $10
million or action against the establishment’s license.
EFFECTIVE DATE: July 1, 2021
§ 37 — GROW SPACE REGULATIO NS
Requires DCP to adopt regulations and policies and procedures to establish the maximum
grow space a cultivator or micro-cultivator may use
The bill requires the DCP commissioner to adopt regulations to
establish the maximum grow space allowed for a cultivator and micro-
cultivator. In adopting these regulations, the commissioner must seek
to ensure an adequate supply of cannabis for the market. 2021SB-01201-R00SS1-BA.DOCX
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The bill requires the DCP commissioner to issue policies and
procedures before adopting these regulations, subject to the same
requirements described above for change in ownership regulations (§
36).
EFFECTIVE DATE: July 1, 2021
§ 38 — CANNABIS BUSINESS AC CELERATOR PROGRAM
Requires the Social Equity Council to develop a cannabis business accelerator program to
provide technical assistance to accelerator participants
The bill requires the Social Equity Council, in coordination with
DCP and DECD, to develop a cannabis business accelerator program
to provide technical assistance to participants by partnering them with
a cannabis establishment. The council may partner with a state public
college or university to develop the program.
The bill allows any individual who would qualify as a social equity
applicant to participate in the accelerator program. Starting October 1,
2021, the Social Equity Council may accept applications from qualified
individuals for the component of the accelerator program
corresponding to each of the following license types: (1) retailer, (2)
cultivator, (3) product manufacturer, (4) food and beverage
manufacturer, and (5) product packager.
Starting July 1, 2022, the council may accept applications from these
same five license types as well as hybrid-retailers and micro-
cultivators to partner with an accelerator participant of the same
license type, provided an accelerator retailer participant may be
partnered with either a retailer or hybrid retailer and an accelerator
cultivator may be partnered with either a cultivator or micro-
cultivator.
Under the bill, as part of the cannabis business accelerator program,
accelerator participants may be required to participate in training on
accounting methods, business services, access to 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. 2021SB-01201-R00SS1-BA.DOCX
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The council must facilitate opportunities for participants in the
cannabis business accelerator program to meet with potential
investors. An accelerator participant who has partnered with an
establishment must be allowed to participate in any of the cannabis
establishment’s activities with the same privileges afforded by the
cannabis establishment’s license to its employees.
The bill requires each participant to annually apply for and obtain a
registration on a DCP-prescribed form. Participants must do this
before participating in any cannabis establishment activity. The Social
Equity Council may charge a participant registration fee and
determine the program’s duration and number of participants.
EFFECTIVE DATE: Upon passage
§ 39 — WORKFORCE TRAINING P ROGRAM
Requires the Social Equity Council to develop a workforce training program
The bill requires the Social Equity Council, in coordination with
DECD and the Department of Labor (DOL), to develop a workforce
training program to further equity goals, ensure cannabis
establishments have access to a well-trained employee applicant pool,
and help individuals who live in a disproportionately impacted area
find employment in the cannabis industry.
The council must, in consultation with DECD and DOL,
1. consult with establishments on an ongoing basis to assess their
business’ hiring needs;
2. develop a universal application for prospective workforce
training program enrollees;
3. partner with the regional workforce development boards and
higher education institutions to develop workforce training
programs;
4. develop a series of cannabis career pathways so that workers
may vertically advance their careers within the cannabis 2021SB-01201-R00SS1-BA.DOCX
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industry;
5. partner with associated training providers to track and report
performance outcomes (e.g., enrollment, completion, and
placement) of participants entering a cannabis workforce
training program; and
6. explore the creation of a series of apprenticeship programs for
cannabis workers across Connecticut.
Under the bill, workforce training program enrollees may opt to
have their information provided to establishments as prospective
employees upon completion.
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
that, when the lottery is conducted, (1) has two or more licenses or (2)
includes a backer that has managerial control of, or is a backer for, two
or more licensees in the same license type or category for which the
applicant has entered the lottery. An ownership interest in an equity
joint venture or a social equity partner in accordance with the bill is
disregarded for purposes of this limitation.
Under the bill, the following licenses are considered in the same
category: (1) dispensary facilities, retailers, and hybrid retailers and (2)
producers, cultivators, and micro-cultivators.
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 or transporter, 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 2021SB-01201-R00SS1-BA.DOCX
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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
or transporter, (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 requirements (see §§ 34 & 35 for license fees).
The bill also:
1. allows a dispensary facility to convert its license to a hybrid
retailer license starting September 1, 2021, and
2. 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 from a cultivator, micro-cultivator, producer,
product packager, food and beverage manufacturer, product
manufacturer, or transporter, or an undeliverable return from a
delivery service;
2. sell, transport, or transfer cannabis or cannabis products to a
delivery service, laboratory, or research program; and
3. deliver cannabis using a delivery service or its own employees,
subject to the bill’s requirements on delivery (see § 21).
The bill also allows licensees to sell cannabis to consumers or a
research program, 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 for free to a consumer 2021SB-01201-R00SS1-BA.DOCX
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as part of a commercial transaction and
2. hybrid retailers cannot gift or transfer cannabis 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 that an employee or delivery service was unable to deliver
can be returned to them. These return locations must be maintained in
a manner the DCP commissioner approves and meet specifications she
sets and publishes on the agency’s website or must be included in DCP
regulations.
The bill also 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 2021SB-01201-R00SS1-BA.DOCX
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remove them from the PDMP within 48 hours after they receive the
cannabis or cannabis products from the delivery service.
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,
and obtain DCP approval for, 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 cannabis or medical marijuana products. 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 September 1, 2021, the bill
requires dispensary facilities to have licensed pharmacists dispense
cannabis 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 2021SB-01201-R00SS1-BA.DOCX
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dispensary facilities and hybrid retailers to apply to DCP to provide
delivery services, using a delivery service or their own employees, to
qualifying patients, caregivers, research program subjects, hospice and
other licensed inpatient care facilities that have DCP-approved
protocols for handling and distributing cannabis. Under the bill, they
may deliver cannabis or medical marijuana products only from their
own inventory to qualifying patients and caregivers.
Under the bill, a “delivery service” is a person that is licensed to
deliver cannabis from (1) micro-cultivators, retailers and hybrid
retailers to consumers and research program subjects, and (2) hybrid
retailers and dispensary facilities to qualifying patients, caregivers and
research program subjects, hospices or other inpatient care facilities
with a DCP-approved protocol for handling and distributing cannabis.
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
gives 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. They may do so
through a delivery service or using their own employees, subject to the
bill’s requirements on delivery (see § 21).
Public Sales. The bill allows DCP-approved dispensary facilities
that converted to hybrid retailers to open their premises to the general
public and commence adult use cannabis sales 30 days after cannabis
is available for purchase from producers or cultivators that have at
least 250,000 square feet of grow space and space used to manufacture
cannabis products in the aggregate. The commissioner must publish
this date on DCP’s website.
Food and Beverage Manufacturer License (§ 44) 2021SB-01201-R00SS1-BA.DOCX
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Under the bill, food and beverage manufacturers can incorporate
cannabis 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.
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 sell, transfer, or transport their own products to a
cannabis establishment, laboratory, or research program, using an
employee or transporter to do so. It prohibits manufacturers from
delivering, directly to a consumer or using a delivery service, cannabis,
cannabis products, or foods or beverages that incorporate cannabis.
Sanitary Inspections. The bill requires food and beverage
manufacturers to ensure all equipment they use to manufacture,
process, and package cannabis 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 Manufacturer (§ 45)
The bill allows a product manufacturer to:
1. perform cannabis extractions, chemical synthesis, and all other
manufacturing activities the DCP commissioner allows and
published on DCP’s website;
2. package and label cannabis manufactured at its establishment
subject to its license; and
3. sell, transfer, or transport its own products to a cannabis
establishment, laboratory, or research program if the 2021SB-01201-R00SS1-BA.DOCX
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transportation is performed using its own employees or a
transporter.
The bill prohibits a product manufacture from delivering any
cannabis to a consumer directly or through a delivery service.
The bill requires a product manufacturer to label all products it
creates in accordance with the policies and procedures the
commissioner issues to implement the bill, including any regulations
and any federal FDA requirements. Additionally, manufacturers must
ensure all equipment used for manufacturing, extracting, processing
and packaging cannabis and cannabis products is sanitary and
inspected regularly to deter the adulteration of cannabis in accordance
with the bill and FDA requirements.
Product Packager License (§ 46)
The bill allows a product packager to:
1. obtain cannabis from a producer, cultivator, micro-cultivator,
food and beverage manufacturer, or product manufacturer and
2. sell, transfer, or transport cannabis to any cannabis
establishment, laboratory, or research program if he or she only
transports cannabis packaged at its own establishment using its
own employees or a transporter.
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 the policies and procedures the DCP
commissioner issues to implement the bill, including any regulations,
and (2) must ensure all equipment it uses to process and package
cannabis is sanitary and inspected regularly to prevent the
adulteration of cannabis.
Delivery Service or Transporter License (§ 47)
When applying for a delivery service or transporter license, the bill
requires applicants to indicate whether they are applying to transport
cannabis (1) between cannabis establishments, in which case the 2021SB-01201-R00SS1-BA.DOCX
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applicant is applying for a transporter license or (2) from certain
cannabis establishments to consumers or qualifying patients and
caregivers, or a combination of them, in which case the applicant is
applying for a delivery service license.
Delivering to Individuals. Under the bill, a delivery service may
deliver:
1. cannabis from a micro-cultivator, retailer, or hybrid retailer
directly to a consumer and
2. cannabis and medical marijuana products from a hybrid retailer
or dispensary facility directly to a qualifying patient, caregiver,
or hospice, or other licensed inpatient care facility that has DCP-
approved protocols for handling and distributing cannabis.
The bill prohibits a delivery service from storing or maintaining
control of any cannabis or medical marijuana products for more than
24 hours from when a consumer, qualifying patient, caregiver, or
facility places an order to the time it is delivered.
Delivering Between Establishments. The bill allows transporters
to deliver cannabis between cannabis establishments, research
programs, and laboratories. But when doing so, the transporter can
only store or maintain control of the cannabis for 24 hours.
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
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 2021SB-01201-R00SS1-BA.DOCX
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earlier.
Under the bill, the department’s implementing policies and
procedures and final regulations must require a delivery service and
transporter to:
1. meet certain security requirements related to the (a) storage,
handling, and transport of cannabis, (b) vehicles they use, (c)
conduct of their employees and agents, and (d) documentation
the service or transporter 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 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 for free to a consumer or qualifying
patient or caregiver as part of a commercial transaction.
Delivery Employees. The bill requires a delivery service to use full-
time employees (i.e., at least 35 hours a week) to deliver cannabis.
These employees must be registered with DCP and a delivery service
cannot employ more than 25 delivery employees at a time.
Cultivator License (§ 48)
The bill allows cultivators to cultivate, grow, and propagate
cannabis at an establishment with at least 15,000 square feet of grow
space if they comply with the bill’s grow space requirements (see § 37
above) and the commissioner’s required physical security controls and 2021SB-01201-R00SS1-BA.DOCX
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protocols.
They may also label, manufacture, package, and perform extractions
on any cannabis 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 using its own
employees or a transporter. But they cannot sell, transfer, or deliver to
consumers, qualifying patients, or caregivers 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 they cultivate, grow, and propagate at
their own licensed establishment, as long as they meet applicable
licensure and application requirements for a food and beverage
manufacturer, product manufacturer, or product packager.
The bill also allows a micro-cultivator to sell its own cannabis to
consumers, excluding qualifying patients and caregivers, either by
using its own employees or through a delivery service.
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cultivators that deliver products using a delivery service or their own
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 or must be included in
DCP-adopted regulations. A micro-cultivator must stop delivery of
cannabis to a consumer if it converts to being a cultivator.
Grow Space Limits. The bill allows micro-cultivators to cultivate,
grow, propagate, manufacture, and package the cannabis plant at an
establishment containing between 2,000 and 10,000 square feet of grow
space, before any DCP-authorized expansion, if the micro-cultivator
complies with the regulations on grow space (see § 37 above). These
micro-cultivators must also meet physical security controls the
commissioner sets and requires.
Annual Expansion. The bill allows micro-cultivators to annually
apply to DCP to expand their grow space in increments of 5,000 square
feet if they are not subject to any pending or final administrative
actions or judicial findings. If they are, 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 business until
they reach a maximum of 25,000 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 their 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 2021SB-01201-R00SS1-BA.DOCX
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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
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 AND REVOLVING DOOR
PROVISION
Prohibits (1) DCP employees who carry out certain functions and Social Equity Council
members and employees from having management or financial interests in the cannabis
industry and (2) former council members and employees, former DCP employees, General
Assembly members, and statewide elected public officials from being eligible to apply as a
social equity applicant for two years after leaving state service
The bill prohibits specified DCP employees and Social Equity
Council members and employees from:
1. having any management or financial interest in the cultivation,
manufacture, sale, transportation, delivery, or testing of
cannabis in Connecticut (whether directly or indirectly) 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.
The prohibition applies to DCP employees who carry out the
licensing, inspection, investigation, enforcement, or policy decisions
authorized by the bill and its regulations. Under the bill, this
prohibition does not prevent the covered 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.
The bill also prohibits former council members and employees,
former DCP employees, General Assembly members, or statewide
elected public officials, within two years of leaving state service, from
being eligible to apply as a social equity applicant either individually 2021SB-01201-R00SS1-BA.DOCX
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or with a group of individuals for a cannabis establishment license.
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 of their job
The bill allows a cannabis establishment or its employee to
purchase, possess, display, sell, and transport cannabis within the
scope of the person’s employment, license, or registration. The bill
deems these actions lawful and not an offense or a basis for seizing or
forfeiting assets if the person complies with the 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 not on state lands or waters the
Department of Energy and Environmental Protection (DEEP) manages.
EFFECTIVE DATE: July 1, 2021
§ 54 — CANNABIS ESTABLISHMENT POLI CIES 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, 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 2021SB-01201-R00SS1-BA.DOCX
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the following, if the establishment engages in the activity:
1. handling mandatory and voluntary cannabis 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 cannabis from the market or
(b) any action to promote public health and safety by replacing
existing cannabis with improved products or packaging;
2. preparing for, protecting against, and handling any crisis that
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 is segregated from all
other inventory and destroyed and providing for written
documentation of its disposition; and
4. ensuring the oldest stock of cannabis 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 in
a way to prevent diversion, theft, or loss; (2) make cannabis accessible
only to the minimum number of specifically authorized employees
essential for efficient operation; and (3) return any cannabis 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 of higher potency, varied dosage form, and in a 2021SB-01201-R00SS1-BA.DOCX
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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 or included in DCP-adopted regulations.
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.
EFFECTIVE DATE: July 1, 2021
§ 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
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 consumers, qualifying patients, and caregivers
in a form and manner the DCP commissioner prescribes.
Electronic Tracking System
Under the bill, the commissioner must require each cannabis
establishment to use an electronic tracking system to monitor the
producing, harvesting, storing, manufacturing, packaging and
labeling, processing, transporting, transferring, and selling of cannabis
from the point of cannabis cultivation inception through the point
when the final product is sold to a consumer, qualifying patient,
caregiver, research program, or otherwise disposed of in accordance
with the medical marijuana laws or the bill or its policies and
procedures or regulations. The system must (1) track each cannabis
seed, clone, seedling, or other cannabis starter plant or introduction of
any cannabinoid a cannabis establishment intends to use and (2) collect
the unit price and amount sold for each retail sale of cannabis.
Cannabis establishments must use the tracking system and enter the
data points the commissioner requires to ensure cannabis are safe, 2021SB-01201-R00SS1-BA.DOCX
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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 an 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:
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;
3. the attorney general for any review or investigation; and
4. in the aggregate, the departments of Public Health (DPH) and
Mental Health and Addiction Services for epidemiological
surveillance, research, and analysis in conjunction with DCP.
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 Connecticut Agricultural Station for laboratory
testing and surveillance.
EFFECTIVE DATE: January 1, 2022
§ 57 — FINANCIAL RECORDKEEP ING AND DCP ENFORCEM ENT
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; 2021SB-01201-R00SS1-BA.DOCX
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gives the DCP commissioner certain powers to supervise and enforce the bill’s provisions;
exempts certain information from FOIA disclosure (e.g., security plans)
The bill requires each cannabis establishment to maintain all records
needed to fully demonstrate their cannabis 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
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 is 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 2021SB-01201-R00SS1-BA.DOCX
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3. inventory any stock of cannabis and obtain samples of any
cannabis, labels or containers, paraphernalia, and of any
finished or unfinished material.
Except when otherwise provided under the bill, all records
maintained or kept on file related to the bill by DCP or the Social
Equity Council are public records for FOIA purposes. In addition to
the nondisclosure provisions under the bill, FOIA, and medical
marijuana laws, any information related to the following is not subject
to FOIA disclosure: (1) a cannabis establishment’s physical security
plans or an individual applicant’s criminal background DCP obtains
through the licensing process, (2) a cannabis establishment’s supply
and distribution information, and (3) qualified patient and caregiver
information.
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;
generally exempts information from DCP inspections and investigations from FOIA
disclosure
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. Under the bill, information from
DCP inspections and investigations related to administrative
complaints or cases are generally not subject to FOIA disclosure,
except after DCP has entered into a settlement agreement or closed a
case on an investigation or inspection. Nothing in this provision
prevents DCP from sharing information with other state and federal
agencies and law enforcement relating to investigations of law
violations.
Sufficient Cause 2021SB-01201-R00SS1-BA.DOCX
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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;
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. the return of any cannabis to regular stock where the (a)
package or container has been opened, breached, tampered
with, or otherwise adulterated or (b) cannabis has been
previously sold to an end user or research program subject;
9. involvement in a fraudulent or deceitful practice or transaction;
10. performance of incompetent or negligent work; 2021SB-01201-R00SS1-BA.DOCX
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11. failure to maintain the entire cannabis establishment premises
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’s
premises or laboratory or in connection with a research
program;
16. advertising in a prohibited manner (see § 25); or
17. failure to comply with any provision of the bill or any DCP-
issued policies and procedures or regulations adopted under
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 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. 2021SB-01201-R00SS1-BA.DOCX
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The bill prohibits a person whose license or registration has been
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 ON-SITE CONSUMPTION
AND EVENTS
Requires DCP to make written recommendations to the governor and the legislature on
whether to allow 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 authorize
on-site consumption or events that allow for cannabis usage, including
whether to establish a cannabis on-site consumption or event license.
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§ 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
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 that 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 may, among other things, investigate
proposed transactions and require parties to provide relevant
information through subpoenas and written interrogatories (CGS § 35-
42). 2021SB-01201-R00SS1-BA.DOCX
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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
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 ends 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 2021SB-01201-R00SS1-BA.DOCX
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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 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
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 (RGG I)
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 REQUIREM ENT
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 2021SB-01201-R00SS1-BA.DOCX
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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 POL ICY 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
By January 1, 2023, the bill requires the Alcohol and Drug Policy
Council, jointly with the departments of Public Health, Mental Health
and Addiction Services, and Children and Families, 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 focus on
individuals under age 21;
2. the collection and reporting of data to allow for epidemiological
surveillance and review of cannabis consumption and its impact
in the state;
3. impacts of cannabis legalization on people under age 21,
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health; and
4. any further measures the state should take to prevent cannabis
use by people under age 21, including product restrictions and
prevention campaigns.
EFFECTIVE DATE: Upon passage
§§ 66-71 & 77 — MEDICAL MARIJUANA PATIENTS, CAREG IVERS,
AND HEALTH CARE PROV IDERS
Allows medical marijuana patients age 18 or older to grow up to three mature and three
immature cannabis plants in their homes if they keep them secure from access by anyone
else except their caregiver; allows patients and caregivers to possess up to five ounces of
marijuana; eliminates the requirement for patients to select a dispensary from which 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
The bill allows qualifying medical marijuana patients who are at
least age 18 to cultivate up to six cannabis plants in their primary
residence at a given time (specifically, up to three mature and three
immature plants), if they keep the plants secure from access by anyone
other than the patient and his or her primary caregiver. In addition, the
bill limits each household to no more than 12 cannabis plants.
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
advanced practice registered nurse (APRN), who is responsible for
managing the patient’s well-being with respect to medical marijuana
use. 2021SB-01201-R00SS1-BA.DOCX
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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
he or she is a dispensary facility.
Facility Licensing Requirements
The bill transfers many of current law’s requirements for a licensed 2021SB-01201-R00SS1-BA.DOCX
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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 from which a dispensary
facility or its employee may acquire marijuana by allowing them to
receive marijuana from a cultivator, micro-cultivator, product
manufacturer, food and beverage manufacturer, product packager, or
transporter.
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.
It also allows facilities to transfer and transport marijuana to a delivery
service and transporter.
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 so in real-time or
immediately upon completion of the transaction, unless it is not
reasonably feasible for a specific transaction, but in no case longer than 2021SB-01201-R00SS1-BA.DOCX
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one hour after completing the transaction.
EFFECTIVE DATE: October 1, 2021, except the provisions on
facility licensing requirements are effective July 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
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 2021SB-01201-R00SS1-BA.DOCX
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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
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 2021SB-01201-R00SS1-BA.DOCX
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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 MARIJUANA REGULATION S
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
1, 2025, whichever occurs earlier.
The bill requires DCP to adopt regulations to: 2021SB-01201-R00SS1-BA.DOCX
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1. establish requirements for the growing of cannabis plants by a
qualifying patient in his or her primary residence, including
requirements for securing the plants to prevent access by any
individual other than the patient or the patient’s caregiver, the
plants’ location, and any other requirement needed to protect
public safety or health 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.
EFFECTIVE DATE: October 1, 2021 2021SB-01201-R00SS1-BA.DOCX
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§§ 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
as a laboratory licensed to provide analyses of controlled substances. 2021SB-01201-R00SS1-BA.DOCX
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Acquisition and Distribution
The bill expands the entities a laboratory or its employee may
acquire marijuana from to include all cannabis establishments, rather
than just licensed producers and dispensaries and research programs.
This expansion includes cultivators, micro-cultivators, retailers, hybrid
retailers, food and beverage manufacturers, product manufactures,
product packagers, and delivery services or transporters.
Additionally, the bill allows a laboratory or its employee to deliver,
transport, or distribute marijuana to a cannabis establishment that was
the establishment where the marijuana was originally acquired, in
addition to a research program as current law allows. The bill also
makes a conforming change by removing licensed dispensaries and
licensed producers from the list of approved destinations.
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 that 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)
requiring them, upon petition of 10% of their voters, to hold a local referendum on
whether to allow the recreational sale of marijuana; (2) barring them from prohibiting the
delivery of cannabis by authorized persons; (3) allowing them to charge retailers for
certain initial public safety expenses; and (4) allowing them to establish fines for cannabis
smoking in outdoor sections of restaurants
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 2021SB-01201-R00SS1-BA.DOCX
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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
existing procedures. The results take effect on the first Monday of the
month after the election and stay in effect until another vote is taken.
The bill allows a vote to occur at a special election, following existing
procedures, if at least one year has passed since the previous vote.
Under the bill, existing laws on absentee voting at referenda apply
to these votes. Under the bill these referenda do not affect any class of
cannabis establishments already allowed in a municipality.
Delivery and Transport
The bill bars municipalities from prohibiting the delivery of
cannabis to (1) consumers or (2) qualifying medical marijuana patients
or their caregivers, if 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 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 on, or accepting any donations from, any cannabis
establishment or 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. 2021SB-01201-R00SS1-BA.DOCX
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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).
Regulation of Smoking and Cannabis Use
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.
For municipalities with more than 50,000 people, if they regulate the
public use of cannabis, the regulations must designate a location in the
municipality where public consumption is allowed.
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, 161, 166, 169 & 171-172 — PRETRIAL DRUG
INTERVENTION AND COM MUNITY SERVICE PROGRAM
Sunsets an existing pretrial program but establishes a similar program for people charged
with drug possession and paraphernalia crimes
The bill sunsets the current pretrial drug education and community
service program for people charged with drug possession or
paraphernalia crimes, but establishes a new, generally similar
program.
The bill prohibits courts from granting an application to participate
in the current program starting on April 1, 2022 (the date the new 2021SB-01201-R00SS1-BA.DOCX
Researcher: JO Page 112 6/15/21
program takes effect). But it allows anyone participating in the current
program on that date to continue until he or she completes the
program or stops participation after any possible reinstatements.
The bill makes several related minor, technical, and conforming
changes.
EFFECTIVE DATE: April 1, 2022, except (1) upon passage for the
provision on sunsetting the current program and (2) July 1, 2021, for a
conforming change.
Overview (§§ 166 & 169)
In many respects, the new program is like the current one. For
example:
1. a person is generally ineligible for the program if he or she has
already participated in it (or certain other programs) twice, but
the judge may allow participation a third time if the person
shows good cause;
2. the court may approve a defendant’s application for the
program after considering the prosecutor’s recommendations,
subject to eligibility confirmation, and the program’s duration is
generally limited to one year;
3. to determine appropriate education and treatment, eligible
applicants are evaluated by (a) the Department of Mental
Health and Addiction Services; (b) for third-time participants, a
licensed substance abuse treatment provider; or (c) for certain
veterans, the federal or state Veteran’s Affairs Department; and
4. program participants must agree to toll the statute of
limitations, waive their right to a speedy trial, enter the program
within 90 days of the court order unless the court grants a delay,
and complete the program (the bill specifically requires
applicants to also agree not to engage in conduct that violates
the drug possession, paraphernalia, or narcotic container laws). 2021SB-01201-R00SS1-BA.DOCX
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In addition to drug possession or paraphernalia crimes as under
current law, the new program is also open to applicants charged with
failure to keep lawfully prescribed or dispensed narcotic drugs in their
original or approved container.
Both the current and new programs include drug education,
substance abuse treatment, and community service. The new program
includes a 12-session drug education component, while the current
program has 15; both programs include a 15-session treatment
component.
Under both the current and new programs, (1) first- and second-
time participants may be ordered to participate in either the drug
education or treatment components, (2) third-time participants must
be ordered into treatment, (3) a participant may be required to
complete additional treatment to complete the program, and (4) all
participants must complete community service.
In most respects, the fees are the same under the current and new
programs. But the nonrefundable program fee for the education
component is $400 under the bill, as compared with $600 under current
law. Under both current law and the bill the (1) fees must be credited
to the pretrial account, a separate, nonlapsing account of the General
Fund, and (2) court is allowed to waive fees for indigent applicants.
The bill specifies that if the court waives program fees, it may not
require the participant to perform community service instead of
paying the fee.
The bill specifies the information that (1) program component
providers must give the Court Support Services Division (CSSD) and
(2) the division, in turn, must include in its final progress report to the
court.
Interaction With Impaired Driving Program
The bill allows the Department of Mental Health and Addiction
Services (DMHAS) to combine the services for this program’s drug
education component with the services for the alcohol education 2021SB-01201-R00SS1-BA.DOCX
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component of the new impaired driving intervention program (see §
167), if needed to ensure appropriate and timely access to these
components. The bill also specifies that participation in DMHAS-
provided combined drug and alcohol education services under this
program does not affect the person’s eligibility for the new impaired
driving intervention program.
Under the bill, if a person applies for both programs for charges
arising from the same arrest, and DMHAS has already completed the
required evaluation and determination of the appropriate education or
treatment component under the impaired driving program, the court
and CSSD may rely on that for purposes of this program. If the court
and CSSD rely on the other program’s evaluation, the applicant is not
required to also pay an evaluation fee for this program.
If a person is placed in both programs for the same arrest, the bill
allows the court to find the person’s successful completion of the
alcohol education or treatment component of the impaired driving
program satisfies the education or treatment component of the bill’s
pretrial drug program. But the person still must complete the required
(1) community service component of the pretrial drug program and (2)
victim impact component of the impaired driving program, if it was
ordered by the court.
Conforming Changes (§§ 85, 161 & 171-172)
The bill makes several conforming changes to add references to the
new drug and impaired driving program to existing laws that
reference the current programs (e.g., the requirement that a person’s
bail bond be automatically terminated upon his or her admission to the
program (§ 171)).
§§ 85, 161, 167, 168 & 170-172 — PRETRIAL IMPAIRED DR IVING
INTERVENTION PROGRAM
Sunsets an existing pretrial program but establishes a similar program for people charged
with DUI or impaired boating
The bill sunsets the current pretrial alcohol education for people
charged with DUI or impaired boating but establishes a new, generally
similar program. 2021SB-01201-R00SS1-BA.DOCX
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The bill prohibits courts from granting an application to participate
in the current program starting on April 1, 2022 (the date the new
program takes effect). But it allows anyone participating in the
program on that date to continue until completing the program or
stopping participation after any possible reinstatements.
The bill makes several related minor, technical, and conforming
changes.
EFFECTIVE DATE: April 1, 2022, except (1) upon passage for the
provision on sunsetting the current program and (2) July 1, 2021, for a
conforming change.
Overview
In many respects, the program is like the current one. For example:
1. a person is generally ineligible for the program if (a) he or she
already participated in it within the previous 10 years, (b) he or
she has a prior conviction for DUI, impaired or reckless boating,
manslaughter with a boat, or manslaughter or assault with a
motor vehicle, or (c) his or her alleged violation caused serious
physical injury to another person;
2. a person is ineligible for the program if he or she was charged
with DUI while holding a commercial driver’s license or while
driving a commercial vehicle;
3. the court may approve a defendant’s application for the
program after considering the prosecutor’s recommendations;
and
4. program participants must agree to toll the statute of
limitations, waive their right to a speedy trial, enter the program
within 90 days of the court order unless the court grants a delay,
and complete the program.
Some of the main differences between the current and new program
relate to program components, fees and indigency, prohibited conduct, 2021SB-01201-R00SS1-BA.DOCX
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participation certification, and further treatment. These are described
briefly below.
Program Components. Under the current program, depending on
a person’s DMHAS evaluation, he or she must be placed in (1) an
appropriate alcohol intervention program, consisting of 10 or 15
sessions, for one year or (2) a state-licensed substance abuse treatment
program with at least 12 sessions. The new program consists of a 12-
session alcohol education component or a substance use treatment
component of at least 15 sessions. As with the current program, the
new program may also include a victim impact panel component.
Fees and Indigency. Under the current program, the fees are (1)
$350 for the ten-session program and (2) $500 for the 15-session
program. Under the new program, the fees are (1) $400 for the alcohol
education component and (2) $100, plus treatment costs charged by the
provider, for substance use treatment.
Like the current program, the new program allows the fees to be
waived if the applicant files an affidavit of indigency and the court
enters a finding of indigency. Under the new program, fees may also
be waived if the applicant was determined indigent and eligible for a
public defender. It specifically prohibits the court from requiring
community service to cover the waived cost.
Prohibited Conduct. In his or her application for the new program,
an applicant must promise that, if placed in the program, he or she will
not engage in any conduct that would constitute DUI, impaired or
reckless boating, manslaughter with a boat, or manslaughter or assault
with a motor vehicle. If CSSD determines that a person engaged in that
conduct, it must inform the court and return the person’s case to court
for further proceedings.
Participation Certification and Further Treatment. The bill
establishes a more specific process for certifying a person’s
participation and recommending additional treatment. It specifically
requires program component providers to provide CSSD with a
certification as to whether the person successfully completed or failed 2021SB-01201-R00SS1-BA.DOCX
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to complete the program. If the person completed the program, the
certification must indicate that and state whether additional substance
use treatment is recommended. If additional treatment is
recommended, CSSD may require that the person complete it in order
to satisfactorily complete the impaired driving program. If the
certification indicates a failure to complete treatment, it must list the
reasons for failure, whether the person is amenable to further
treatment, and, if practicable, a recommendation as to whether an
alternative program would best serve the person’s needs.
When CSSD receives a person’s participation certification, it must
prepare a final progress report for the court. Among other things, the
progress report must (1) indicate whether the person completed the
program and any additional treatment and (2) include a background
check indicating whether the person has engaged in any prohibited
conduct (see above).
Interaction With Pretrial Drug Education and Community Services
Program
The bill allows DMHAS to combine the services for this program’s
alcohol education component with the services for the drug education
component of the new pretrial drug education and community
services program (see § 166), if needed to ensure appropriate and
timely access to these components. The bill specifies that participation
in DMHAS-provided combined drug and alcohol education services
under this program does not affect the person’s eligibility for the new
pretrial drug education and community services program.
Under the bill, if a person applies for both programs for charges
arising from the same arrest and DMHAS, the veterans affairs
department or the U.S. Department of Veterans Affairs has already
completed the required evaluation and determi nation of the
appropriate drug education or substance use treatment component
under the drug education and community services program, the court
and CSSD may rely on that for purposes of this program. If the court
and CSSD rely on the other program’s evaluation, the person is not
required to also pay an evaluation fee for this program. 2021SB-01201-R00SS1-BA.DOCX
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If a person is placed in both programs for the same arrest, the bill
allows the court to find that the person’s successful completion of (1)
the drug education component of the drug education and community
services program satisfies the alcohol education component of the
impaired driving program or (2) the substance use treatment
component of the drug education and community services program
satisfies the treatment component of the impaired driving program.
But the person still must complete the required (1) community service
component of the drug program and (2) victim impact component of
the impaired driving program, if the victim component was ordered
by the court.
Minor and Conforming Changes (§§ 85, 161 & 170-172)
The bill makes several conforming changes to add references to the
new impaired driving program to existing laws that reference the
current programs.
It also requires the judicial branch to collect data on the number of
members of the armed forces, veterans, and nonveterans who apply
for and are granted or denied entry into the new impaired driving
program. It must already report this data for other diversionary
programs under current law.
§§ 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 smoking
cannabis and hemp and using 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 2021SB-01201-R00SS1-BA.DOCX
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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 as under current
law.
Electronic Cannabis Delivery System (ECDS). 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
by a licensed health care provider to treat a patient in a health care
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 federal Food and Drug Administration 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 adds to and expands the law’s prohibited locations by
including: 2021SB-01201-R00SS1-BA.DOCX
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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 or residential facility funded by the
judicial branch.
The bill also eliminates current exemptions, thereby prohibiting
smoking and using e-cigarettes and ECDS, in the following locations:
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 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 also provides that an area for smoking or e-cigarette use is
not required outside or within the entryway of any building, in 2021SB-01201-R00SS1-BA.DOCX
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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.
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 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 enough non-smoking
break rooms, and
2. with fewer than five employees must establish non-smoking
work areas upon request. 2021SB-01201-R00SS1-BA.DOCX
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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
Current law’s provisions on workplace smoking do not apply to
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 2021SB-01201-R00SS1-BA.DOCX
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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 prohibits landlords or property
managers from requiring tenants to take drug tests.
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,
or failing to require drug tests, 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 on state lands or waters
managed by DEEP. It (1) establishes a fine of up to $250 for these
violations and (2) specifies that only DEEP agents may enforce these
provisions.
EFFECTIVE DATE: July 1, 2022
§ 92 — DEPARTMENT OF CORREC TION AUTHORITY TO BA N
CANNABIS
Authorizes DOC to ban cannabis possession in DOC facilities or halfway houses
The bill specifically authorizes the Department of Correction (DOC)
to ban cannabis possession in any DOC facility or halfway house. 2021SB-01201-R00SS1-BA.DOCX
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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
Under the bill, an individual’s drug test that yields a positive result
solely 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 be
considered only 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 only indicates a specified
metabolite of THC from being the only basis for school discipline 2021SB-01201-R00SS1-BA.DOCX
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The bill generally prohibits a student’s drug test that yields a
positive result only for a specified metabolite of THC from being the
only basis for an educational institution to refuse to enroll or continue
to enroll, or otherwise punish, the student. The bill makes an exception
in cases where (1) failing to do so would put the institution in violation
of a federal contract or cause it to lose federal funding or (2) the
student is being drug tested as required by the National Collegiate
Athletic Association (NCAA) and the penalizing action taken is
required by NCAA policies.
EFFECTIVE DATE: July 1, 2021
§ 96 — BAN ON REVOKING FINA NCIAL AID OR EXPELLING
HIGHER EDUCATION STU DENTS
Generally bans higher education institutions from (1) revoking financial aid or student
loans or (2) expelling a student, only for use or possession of small amounts of cannabis
The bill generally bans public and private higher education
institution from (1) revoking any financial aid or student loans or (2)
expelling a student, only 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) complying with the bill would violate
federal law or a federal contract or (2) failing to take those actions
would jeopardize the educational institution’s federal funding.
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 2021SB-01201-R00SS1-BA.DOCX
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to drug testing; creates a civil action for employees aggrieved by a violation of the bill’s
employer limitations
The bill establishes allowed and prohibited employer actions on
employee cannabis use and exempts certain types of employers and
employees from these requirements.
EFFECTIVE DATE: July 1, 2022, except that certain exemptions (see
§ 101) are effective July 1, 2021.
Definitions (§ 97)
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 primary
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, 2021SB-01201-R00SS1-BA.DOCX
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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 physician and
dentist offices, hospitals, community housing and
emergency services, and child day care services;
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 with 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, in a position with a law
enforcement or investigative function at a state or local agency,
or in a position with the Department of Correction involving
direct contact with inmates;
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 2021SB-01201-R00SS1-BA.DOCX
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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;
8. providing supervision or care of children, medical patients, or
vulnerable people;
9. with, in the employer’s determination, the potential to
adversely impact the health or safety of employees or the
public;
10. at a nonprofit organization or corporation, the primary purpose
of which is to discourage use of cannabis products or any other
drug; or
11. at an exempt employer.
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 with respect to cannabis.
It 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 or on the employer's premises, except for possession of
medical marijuana by a qualifying patient under state law.
The bill defines “workplace” as the (1) employer’s premises, 2021SB-01201-R00SS1-BA.DOCX
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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
status as a qualifying patient or caregiver under the medical marijuana
law.
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 make the policy available
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 before 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 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 2021SB-01201-R00SS1-BA.DOCX
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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. So, the bill allows an employer’s policy to
prohibit cannabis use outside of the workplace.
Drug and Alcohol-Free Workplace and Reasonable Suspicion.
Nothing in the bill’s employment related provisions requires an
employer to amend, repeal, affect, restrict, or preempt its rights and
obligations to maintain a drug- and alcohol-free workplace (§§ 97 to
101).
Furthermore, the bill does not limit an employer from taking
appropriate adverse or other 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, or 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 2021SB-01201-R00SS1-BA.DOCX
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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 on
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)
Nothing in the bill’s employment related provisions limits or
prevents an employer from (1) subjecting an employee or applicant to
drug testing or a fitness for duty evaluation or from (2) 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 (§§ 97 to
101).
A drug test of a prospective or existing employee, other than a
prospective or existing exempted employee, that positive only for a
specified metabolite of THC cannot be the only basis for a refusal to
employ or continue to employ or to otherwise penalize the prospective
or existing 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 shows 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 2021SB-01201-R00SS1-BA.DOCX
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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 random drug tests
((CGS § 31-51x), see Background).
Employee Recourse (§ 100)
With certain exceptions detailed in the bill, an employee or
prospective employee aggrieved by a violation of the bill’s employer
limitations may, within 90 days after the alleged violation, 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.
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
brought. 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 2021SB-01201-R00SS1-BA.DOCX
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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;
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 only 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 any time for which the employee is
compensated by an employer and is performing job duties or is
reasonably expected to be doing so.
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 2021SB-01201-R00SS1-BA.DOCX
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cannot investigate an employer, officer, agent, or other person based
solely on an allegation that they violated the bill’s enforcement
provisions.
Exempted Employment Situations (§ 101)
The bill explicitly does not apply to drug testing, conditions of
continued employment, or conditions for hiring employees required
under:
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
enforcement purposes regarding intrastate commerce;
3. any contract entered into between the federal government and
an employer or any federal financial assistance grant 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.
Additionally, the bill explicitly excludes privileges, qualifications,
credentialing, review, or discipline of a hospital’s or medical
organization’s nonemployee, licensed healthcare professionals on the
medical staff.
Background — Employee Drug Testing Law
By law, an employer can require random urinalysis drug testing
only if (1) the test is authorized under federal law; (2) the employee (a) 2021SB-01201-R00SS1-BA.DOCX
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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).
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 — LABOR PEACE AGREEMEN TS
Requires each cannabis establishment licensee to enter into a labor peace agreement with a
bona fide labor organization as a condition of its final license approval or other license
changes; requires that each agreement include binding arbitration as the exclusive remedy
for any agreement violation; permits civil action in Superior Court to enforce arbitration
awards
Definitions
The bill requires each cannabis establishment licensee, as a
condition of its final license approval, license conversion, or approval
for expanded authorization, to enter into a labor peace agreement with
a bona fide labor organization. Under the bill a “labor peace
agreement” means an agreement between a cannabis establishment
and a bona fide labor organization (1) under which the owners and
management of the establishment agree they will not lock out
employees and (2) that prohibits the labor organization from engaging
in picketing, work stoppages, or boycotts against the cannabis
establishment. “Licensee” means a cannabis establishment licensee,
dispensary facility, or producer.
The bill defines a “bona fide labor organization” as a labor union
that (1) represents employees in this state with regard to wages, hours,
and working conditions; (2) whose officers have been elected by a 2021SB-01201-R00SS1-BA.DOCX
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secret ballot or in another manner consistent with federal law; (3) is
free of any employer domination or interference and has not received
any improper assistance or support from the employer; and (4) is
actively seeking to represent cannabis workers in the state.
Required Binding Arbitration
The bill requires that any labor peace agreement include a clause
that the parties agree that the exclusive remedy for any violation of the
agreement will be final and binding arbitration by a neutral arbitrator.
Under the bill, if an arbitrator finds that a licensee failed to comply
with an order issued by the arbitrator to correct a failure to abide by
the agreement, then DCP must suspend the licensee’s license upon
receipt of a written copy of this finding without further administrative
proceedings or a formal hearing.
Civil Action
To enforce an arbitration award or lift a license suspension, the bill
allows a licensee or bona fide labor organization to bring a civil action
in the Superior Court in the judicial district where the facility that is
part of the cannabis establishment is located. The license must remain
suspended until (1) the arbitrator notifies, or both of the parties to the
arbitration notify, DCP that the licensee is in compliance with the
arbitration award; (2) both parties notify the department that they have
satisfactorily resolved their dispute; (3) the court, after a hearing, lifts
the suspension; or (4) the court, after a hearing, orders alternative
remedies. These remedies may include ordering DCP to revoke the
license or ordering the appointment of a receiver to properly dispose
of any cannabis inventory.
The bill allows the licensee to engage in conduct during the
suspension period to maintain and secure the cannabis inventory.
However, the licensee cannot sell, transport, or transfer cannabis (with
one exception, see below) to another cannabis establishment,
consumer, or laboratory unless the sale or transfer is associated with a
voluntary license surrender and a cannabis disposition plan approved
by the DCP commissioner. 2021SB-01201-R00SS1-BA.DOCX
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The bill provides a medical use exception to this limitation. It
specifies that a producer, cultivator, or micro-cultivator with a
suspended license can sell, transport, or transfer cannabis to a product
packager, food or beverage manufacturer, product manufacturer,
dispensary facility, or hybrid retailer for sale to qualified patients or
caregivers. These products must be labeled “For Medical Use Only.”
EFFECTIVE DATE: July 1, 2021
§ 103 — PROJECT LABOR AGREEM ENTS
Requires that the construction or renovation of any cannabis establishment facility of $5
million or more have a project labor agreement (PLA) between the project contractors and
the establishment; defines PLAs and provides enforcement through civil action in Superior
Court
PLA Requirement
The bill requires that the construction or renovation of any facility
for operating a cannabis establishment of $5 million or more have a
PLA between the project's contractors and subcontractors and the
cannabis establishment.
Under the bill, a “project labor agreement” means an agreement
between a subcontractor or contractor and a cannabis establishment
that:
1. binds all contractors and subcontractors on the covered project
to the PLA through the inclusion of specifications in all relevant
solicitation provisions and contract documents;
2. allows all contractors and subcontractors to compete for
contracts and subcontracts on the project regardless of whether
they are otherwise parties to collective bargaining agreements;
3. establishes uniform terms and conditions of employment for all
construction labor employed on the project;
4. guarantees against strikes, lockouts, and similar job disruptions;
5. sets mutually binding procedures for resolving labor disputes
arising during the PLA; and 2021SB-01201-R00SS1-BA.DOCX
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6. includes any other provisions as negotiated by the parties to
promote successful delivery of the covered project.
An “employee organization” is any lawful association, labor
organization, federation, or council with a primary purpose of
improving wages, hours, and other conditions of employment for
cannabis establishments' employees.
EFFECTIVE DATE: July 1, 2021
Enforcement
A contractor, subcontractor, or employee organization may enforce
the bill’s provisions or seek remedies for noncompliance with a PLA
by bringing a civil action in the Superior Court in the judicial district
where the cannabis establishment project is located. The court, after
holding a hearing, may order penalties of not more than $10,000 per
day for each violation of the PLA by the cannabis establishment.
Under the bill, a cannabis establishment’s failure to comply with the
bill’s PLA provisions cannot be the basis for any administrative action
by DCP.
§ 104 — HOSPITAL POLICIES ON CANNABIS USE
Allows hospitals to restrict patients’ cannabis use
The bill provides that hospitals (1) are not required to allow patients
to use cannabis while at the hospital and (2) may have policies
restricting patients’ cannabis use.
EFFECTIVE DATE: July 1, 2021
§ 105 — PENALTIES FOR SALES TO UNDERAGE PERSONS
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 paraphernalia to
people under age 21 are guilty of a class A misdemeanor.
EFFECTIVE DATE: July 1, 2021 2021SB-01201-R00SS1-BA.DOCX
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§ 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 or providing cannabis to underage individuals.
This defense applies if (1) they sold or delivered cannabis 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: July 1, 2021
§ 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 from a licensed seller is guilty of a class A 2021SB-01201-R00SS1-BA.DOCX
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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: July 1, 2021
§ 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 and (2) cannabis businesses
to accept it as legal proof of age.
The bill subjects anyone who misrepresents his or her age, or uses
another person’s license, to obtain cannabis 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: July 1, 2021
§ 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: 2021SB-01201-R00SS1-BA.DOCX
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1. knowingly or recklessly allow someone under age 21 to illegally
possess cannabis 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: July 1, 2021
§ 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
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.
EFFECTIVE DATE: July 1, 2021
§ 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 2021SB-01201-R00SS1-BA.DOCX
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liability under this law. Generally, a person acts recklessly when he or
she is aware of a substantial risk but disregards it. 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: July 1, 2021
§§ 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 while driving a motor vehicle and a class D
misdemeanor to do so as a passenger in a motor vehicle. A class C
misdemeanor is punishable by up to three months in prison, a fine of
up to $500, or both, and a class D misdemeanor is punishable by up to
30 days in prison, a fine of up to $250, or both.
In either case, the bill applies to doing these things in a vehicle
operated (1) on a public highway, (2) on a road of a specially chartered
municipal association or roadway district, (3) in a parking area for 10
or more cars, (4) on school property, or (5) on a private road with a
speed limit set pursuant to state law.
The bill also prohibits peace officers from stopping a vehicle solely
for violations of these provisions.
Under the bill, someone cannot be convicted of both possession of a
controlled substance and smoking, otherwise inhaling, or ingesting
cannabis while driving, or as a passenger, for the same incident. But
someone may be charged and prosecuted for either offense or both
offenses, driving under the influence, and any other applicable offense
upon the same information.
EFFECTIVE DATE: July 1, 2021
§ 114 — DRUG RECOGNITION EXP ERTS AND ADVANCED
ROADSIDE IMPAIRED DR IVING ENFORCEMENT 2021SB-01201-R00SS1-BA.DOCX
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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 (IACP) 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 IACP and the Technical
Advisory Panel, or a successor program, that focuses on impaired
driving enforcement education for police officers.
Determining Minimum Number of DREs
By January 1, 2022, the bill requires each law enforcement unit to
report to POST, in a manner it specifies, a recommendation for the
minimum number of officers that it should have accredited as DREs to
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) 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
policy to ensure that enough police officers in each unit become 2021SB-01201-R00SS1-BA.DOCX
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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)
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 0.08% for non-commercial vehicle
drivers, 0.04% for commercial vehicle drivers, or 0.02% 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
Existing law allows chemical tests showing the amount of alcohol or 2021SB-01201-R00SS1-BA.DOCX
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drugs in a defendant’s blood, breath, or urine at the time of the alleged
DUI offense to be admissible as evidence, provided certain standards
are met (e.g., the driver must consent to the test and have a reasonable
chance to call a lawyer before taking it).
The bill allows evidence that a defendant refused to submit to the
nontestimonial portion of a drug influence evaluation to be admissible
as evidence. 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 an 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 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, the bill allows a
court to take judicial notice that ingesting cannabis (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.
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). 2021SB-01201-R00SS1-BA.DOCX
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General DUI Penalties
Conviction Prison Sentence Fine License Suspension
First Either (1) up to six
months with a mandatory
minimum of two days or
(2) up to six months
suspended with probation
requiring 100 hours of
community service
$500-
$1,000
45 days, followed by one
year driving only a vehicle
equipped with an ignition
interlock
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 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 2021SB-01201-R00SS1-BA.DOCX
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saw or heard that could indicate drug use;
3. preliminary examination, to determine whether to continue the
evaluation;
4. eye examination for evidence of involuntary eye jerking and
other effects;
5. divided attention tests, such as finger-to-nose tests and one leg
stands;
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
Existing law allows the court to require someone convicted of DUI
to participate in an alcohol education and treatment program. The bill
(1) specifies that the court can require a treatment program for people
who drove under the influence of alcohol or both alcohol and drugs
and (2) additionally allows the court to order participation in the
pretrial impaired driving intervention program (see § 167).
EFFECTIVE DATE: April 1, 2022 2021SB-01201-R00SS1-BA.DOCX
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§ 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
urine test or (2) a test indicates an elevated BAC. However, under
current law, DMV is unable to suspend drug-impaired drivers who 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 who 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 2021SB-01201-R00SS1-BA.DOCX
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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;
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 also explicitly allows an
officer who requested that a person take a breath test to, for reasonable
cause, request and administer an additional, different type of chemical
test to detect the presence of drugs other than, or in addition to,
alcohol. 2021SB-01201-R00SS1-BA.DOCX
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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.
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 2021SB-01201-R00SS1-BA.DOCX
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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.
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
request one by contacting DMV within seven days after the suspension
notice’s mailing date. 2021SB-01201-R00SS1-BA.DOCX
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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. did the police officer have probable cause to arrest the person
for DUI;
2. was the person arrested;
3. was the person driving a vehicle under the influence of alcohol,
drugs, or both; and
4. was the person driving the vehicle.
In these hearings, the following evidence of DUI is admissible:
1. police officer observations of intoxication, as documented in the
report;
2. results of a chemical test administered in accordance with the
DUI law or a toxicology report certified by the Department of
Emergency Services and Public Protection’s (DESPP) Division of
Scientific Services;
3. hospital or medical records obtained in accordance with
established procedures or by the driver’s consent;
4. results of tests conducted by, or a report of, an officer trained in
ARIDE; or
5. DRE reports.
Ignition Interlock Devices (§ 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). 2021SB-01201-R00SS1-BA.DOCX
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IID Penalties for Per Se Offense Under the Bill
Per Se Offense IID Requirement
(After 45-Day License Suspension)
First
Suspension
Second
Suspension
Third or
Subsequent
Suspension
Age 21 or older: (1) BAC of 0.08%
or more, or 0.04% or more if
operating a commercial vehicle, or
(2) found to have been driving
under the influence of alcohol,
drugs, or both
6 months 1 year 2 years
Under Age 21: (1) BAC of 0.02%
or more or (2) found to have been
driving under the influence of
alcohol, drugs, or both
1 year 2 years 3 years
Refusal of test or nontestimonial
portion of drug influence
evaluation, regardless of age
1 year 2 years 3 years
Existing law requires IIDs for criminal DUI convictions, even for
those involving drugs and not alcohol (CGS § 14-227a(i)).
Process if Driver Suffered Injury or Required Medical Treatment (§
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 2021SB-01201-R00SS1-BA.DOCX
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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
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; 2021SB-01201-R00SS1-BA.DOCX
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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 the person
drove the vehicle under the influence of alcohol, drugs, or both.
ARIDE-Trained Officers at Fatal Accidents
The bill requires law enforcement units, when responding to a fatal
motor vehicle accident, to assign an ARIDE-trained officer to respond,
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 DRIVING DISQUALIFICATION
Extends existing commercial motor vehicle driving disqualification penalties to drivers
who refused a drug influence evaluation or drove under the influence of alcohol, drugs, or
both
Under existing law, if a commercial driver’s license holder either
refuses a test to determine BAC while driving any vehicle or fails the
test, he or she is disqualified from driving a commercial motor vehicle
for (1) 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. 2021SB-01201-R00SS1-BA.DOCX
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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
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 he or she does 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 2021SB-01201-R00SS1-BA.DOCX
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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
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 2021SB-01201-R00SS1-BA.DOCX
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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
Makes changes to the boating under the influence law substantially similar to 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 changes to the boating under the influence law
substantially similar to those it makes to the DUI law. These changes
include allowing:
1. 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
2. the court to take judicial notice that ingesting cannabis (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.
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-01201-R00SS1-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 July 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
3. the merits and feasibility of a pilot program for oral fluid testing
in these investigations. 2021SB-01201-R00SS1-BA.DOCX
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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.
§§ 125 & 127 — STATE CANNABIS TAX
Establishes a state tax on retail sales of cannabis, cannabis plant material, and cannabis
edible products by cannabis and hybrid retailers and micro-cultivators; directs the tax
revenue to the General Fund, a new General Fund account, and two new appropriated
funds, according to a specified schedule
Rate and Base (§ 125(b))
The bill imposes a state tax on retail sales of cannabis, cannabis
plant material, and cannabis edible products by a cannabis or hybrid
retailer or micro-cultivator, with certain exceptions. The tax rate is
based on the product’s type and total THC reflected on its label.
Specifically, it is:
1. 0.625 cents per milligram of total THC for cannabis plant
material;
2. 2.75 cents per milligram of total THC for cannabis edible
products (i.e., products containing cannabis or cannabis
concentrate, combined with other ingredients, that are intended
to be ingested, including sublingual or oral absorption); and
3. 0.9 cents per milligram of total THC for cannabis, other than
cannabis plant material or cannabis edible products.
The tax does not apply to (1) sales of cannabis for palliative use; (2)
sales of cannabis by a delivery service to a consumer; or (3) the transfer
of cannabis to a transporter for transport to any other cultivator, micro-
cultivator, food and beverage manufacturer, product manufacturer,
product packager, dispensary facility, cannabis retailer, hybrid retailer, 2021SB-01201-R00SS1-BA.DOCX
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or producer.
Cannabis and hybrid retailers and micro-cultivators must collect the
tax from consumers at the time of sale (except for the exempt sales
described above). They must collect either (1) the full amount of the tax
imposed under the bill or (2) an amount equal to the average
equivalent of the tax to the nearest amount practicable. The tax is a
debt from the consumer to the cannabis or hybrid retailer or micro-
cultivator and, when added to the original sales price, is recoverable in
the same manner as other debts (except as provided under existing law
for retailers who fail to comply with the sales and use tax law).
The collected tax amounts are deemed to be a special fund in trust
for the state until remitted to the state. The tax applies in addition to
the 6.35% state general sales tax and 3% municipal cannabis tax
established under the bill (see § 126).
Tax Remittance (§ 125(c))
On or before the last day of each month in which cannabis and
hybrid retailers and micro-cultivators may legally sell cannabis (other
than for palliative use) in the state, they must (1) file a tax return with
the Department of Revenue Services (DRS) and (2) remit the tax due
with the return. The returns must be in the form and contain such
information as the commissioner prescribes necessary for the tax’s
administration. They must file the returns electronically with DRS and,
to the extent possible, pay the tax by electronic funds transfer in the
manner provided under existing law for other tax payments.
Delinquent Taxes (§ 125(d))
Under the bill, late 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 2021SB-01201-R00SS1-BA.DOCX
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within the timeframe was due to reasonable cause and was not
intentional or due to neglect. Any penalty that is waived must be
applied as a credit against tax liabilities owed by the cannabis or
hybrid retailer or micro-cultivator.
Liability for Willful Nonpayment of Taxes (§ 125(e))
The bill makes those who are responsible for collecting, truthfully
accounting for, and paying the tax on behalf of a cannabis or hybrid
retailer or micro-cultivator 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 retailer’s or micro-cultivator’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 cannabis retailer,
hybrid retailer, or micro-cultivator. The dissolution of the retailer or
micro-cultivator does not free the person from liability.
DRS must (1) collect the penalty using the same methods for
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 cannabis or hybrid retailer or micro-cultivator.
Tax Enforcement (§ 125(f))
The bill applies the same collection, enforcement, and appeal
process requirements established in statute for the admissions and
dues taxes to the state cannabis 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
their records; and (3) administer oaths, subpoena witnesses, and
receive testimony. The facilities and retailers can request a hearing on 2021SB-01201-R00SS1-BA.DOCX
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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 (§§ 125(g) & 127(d))
The bill bars the DRS commissioner from refunding any state
cannabis tax paid by a cannabis or hybrid retailer or micro-cultivator.
Under the bill, this provision 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.
Regulations (§ 125(h))
The bill authorizes the DRS commissioner to adopt implementing
regulations for the state cannabis tax, municipal cannabis tax (see §
126), and cannabis-related state sales tax provisions (see § 127).
Regardless of the UAPA’s regulation-adoption process, before
adopting the regulations, the commissioner must issue policies and
procedures to implement these tax 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 DRS’s website and
submit them to the secretary of the state for posting on the
eRegulations system. A policy or procedure is no longer effective once
adopted as a final regulation or 48 months (i.e., July 1, 2025) after this
provision’s effective date, whichever is earlier.
Revenue Distribution (§ 125(i))
The bill directs the revenue from the state cannabis tax to the
General Fund, one new General Fund account, and two new
appropriated funds established under the bill (see § 128). The
following table provides the bill’s revenue distribution schedule.
State Retail Cannabis Tax Revenue Distribution
Funds and Accounts FY FY FYs 24-FYs 27-FYs 29+ 2021SB-01201-R00SS1-BA.DOCX
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22 23 26 28
Cannabis Regulatory and
Investment Account
100% - - - -
General Fund - 100% 15% 10% -
Social Equity and Innovation
Fund
- 60% 65% 75%
Prevention and Recovery
Services Fund
- 25% 25% 25%
Recording Revenue (§ 125(j))
The bill authorizes the state 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 CANNABIS TAX
Imposes a 3% municipal sales tax on the sale of cannabis that applies in addition to the
state’s 6.35% sales tax and the state cannabis tax established under the bill; specifies the
purposes for which municipalities may use the tax revenue
Rate and Base (§ 126(a))
The bill imposes a 3% municipal sales tax on the gross receipts from
the sale of cannabis by a cannabis or hybrid retailer or micro-cultivator
that must be administered in accordance with the state sales and use
tax law. Under the bill, “gross receipts” means the total amount
received from cannabis sales by the retailer or micro-cultivator. The
municipal sales tax is in addition to the state cannabis tax established
under the bill and 6.35% state sales tax on such products.
The bill exempts from the municipal sales tax:
1. cannabis for palliative use;
2. sales of cannabis by a delivery service to a consumer; and
3. the transfer of cannabis to a transporter for transport to any
cultivator, micro-cultivator, food and beverage manufacturer,
product manufacturer, product packager, dispensary facility, 2021SB-01201-R00SS1-BA.DOCX
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cannabis retailer, hybrid retailer, or producer.
The tax must be collected from consumers at the time of sale (except
for the exempt sales described above) and be held in trust until
remitted to the municipality.
Tax Remittance and Revenue Distribution (§ 126(b))
The bill establishes a process by which cannabis and hybrid retailers
and micro-cultivators file tax returns with DRS but remit the tax
payments to the municipalities in which the sales occurred.
Under the bill, each cannabis or hybrid retailer or micro-cultivator
must file a return with DRS on or before the last day of each month in
which it may legally sell cannabis (other than for palliative use). The
DRS commissioner must prescribe the return and the information it
must contain as necessary to administer the tax. To the extent possible,
the return must be filed electronically.
The bill requires each municipality in which a cannabis or hybrid
retailer or micro-cultivator is located to submit to the DRS
commissioner, at least annually, the name and contact information of
the individual designated by the municipality to receive notifications
regarding the tax. The DRS commissioner must (1) notify these
designated individuals of the tax amount reported due from each
cannabis and hybrid retailer and micro-cultivator located in their
respective municipalities and (2) establish policies and procedures for
doing so.
Within 60 days after receiving such a notice from DRS, each
municipality must invoice each applicable cannabis retailer, hybrid
retailer, and micro-cultivator in accordance with the law for DRS
notices (i.e., they must send the invoice by first-class mail (to the
address they have on file), and service is effected when they put the
letter in a mailbox or bring it to the post office). The retailer or micro-
cultivator must remit payment to the municipality within 30 days after
the invoice was sent. Under the bill, the amounts remitted become a
part of the municipality’s general revenue and must be used for the 2021SB-01201-R00SS1-BA.DOCX
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following purposes:
1. streetscape improvements and other neighborhood
developments in communities where cannabis or hybrid
retailers or micro-cultivators are located;
2. education programs or youth employment and training
programs in the municipality;
3. services for individuals living in the municipality who were
released from DOC custody, probation, or parole;
4. mental health or addiction services;
5. youth service bureaus and municipal juvenile review boards;
and
6. community civic engagement efforts.
Delinquent Taxes (§ 126(c))
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. Any penalty waiver must be applied as a
credit against the taxpayer’s future tax liabilities.
Liens for Unpaid Taxes (§ 126(d))
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.
Enforcement Authority (§ 126 (e))
The DRS commissioner may review and adjust any return filed by a
cannabis retailer, hybrid retailer, or micro-cultivator and may issue 2021SB-01201-R00SS1-BA.DOCX
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any resulting assessments, in accordance with the collection,
enforcement, and appeal process requirements established in statute
for the admissions and dues taxes. Under the bill, these requirements
apply to the municipal cannabis tax, except for those provisions that
are inconsistent with the bill.
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 CANNABIS
With certain exceptions, prohibits exemptions under the state’s sales and use tax law from
applying to cannabis sales; prohibits refunds to purchasers and businesses for sales and
use taxes paid on cannabis
Exemptions Generally Disallowed (§ 127(b))
The bill generally prohibits any exemptions under the state’s sales
and use tax law from applying to cannabis sales, other than
exemptions for (1) sales of cannabis for palliative use and (2) the
transfer of cannabis to a transporter, as described below.
The bill also prohibits anyone from purchasing cannabis on a resale
basis. (By law, sales for resale are generally exempt from state sales
and use tax.)
Exemption for Cannabis Transports (§ 127(a)) 2021SB-01201-R00SS1-BA.DOCX
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The bill exempts from the sales and use tax the transfer of cannabis
to a transporter 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 transporter.
Exemption for Nonprescription Drugs and Medicines (§ 129)
The bill adds palliative cannabis to the list of nonprescription drugs
and services that are statutorily exempt from the state sales and use
tax. Under current DRS practice, cannabis sold for palliative use by
licensed dispensaries is considered a natural or herbal drug or
medicine and so is 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. It
defines “cannabinoids” as manufactured cannabinoids or synthetic
cannabinoids.
Refunds (§ 127(c) & (d))
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. It also prohibits DRS from
issuing sales and use tax refunds to cannabis or hybrid retailers, micro-
cultivators, or delivery services.
As with the state cannabis tax and 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 2021SB-01201-R00SS1-BA.DOCX
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§ 128 — NEWLY ESTABLISHED GE NERAL FUND ACCOUNTS
AND APPROPRIATED FUN DS
Establishes two new General Fund accounts, the cannabis regulatory and investment
account and social equity and innovation account, directs specified fee and tax revenue to
the accounts for FY 22, and requires OPM to allocate the account funds to state agencies
for specified purposes; beginning in FY 23, establishes two new appropriated funds, the
Social Equity and Innovation Fund and Prevention and Recovery Services Fund, and
requires that money in the funds be appropriated for specified purposes
Cannabis Regulatory and Investment Account
The bill establishes the cannabis regulatory and investment account
as a separate, nonlapsing account in the General Fund and requires
that it contain any money the law requires. The OPM secretary must
allocate the account’s funds to state agencies to pay any costs incurred
to implement the bill.
Under the bill, for FY 22, the following amounts received by the
state must be deposited in the account:
1. criminal history check fees from applicants for a cannabis
establishment license, laboratory or research program license, or
key employee license (§ 30);
2. fees paid by applicants for the various cannabis establishment
licenses to enter the lottery or for a provisional or final license
(i.e., retailer, hybrid retailer, cultivator, micro-cultivator,
product manufacturer, food and beverage manufacturer,
product packager, or delivery or transporter licenses) (§ 34);
3. fees paid for an initial or renewal backer license, key employee
license, or other employee registration (§ 34);
4. any state cannabis tax revenue (§ 125); and
5. any state sales and use tax revenue received from a cannabis
retailer, hybrid retailer, or micro-cultivator.
Social Equity and Innovation Account
The bill establishes the social equity and innovation account as a
separate, nonlapsing General Fund account and requires that it contain
any money the law requires. The OPM secretary must allocate the 2021SB-01201-R00SS1-BA.DOCX
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account’s fund to state agencies to (1) pay costs incurred by the Social
Equity Council and (2) administer the bill’s programs that provide
access to business capital, technical assistance for business start-ups
and operations, workforce education, and community investments.
For FY 22, the bill requires that all fees received by the state from the
following be deposited in the account:
1. medical marijuana producers to expand their licenses and be
authorized to engage in expanded activities (§ 26),
2. dispensary facilities to convert to a hybrid retailer (§ 145),
3. social equity applicants to receive a cultivator license for
facilities located in a disproportionately impacted area without
participating in a lottery (§ 149), and
4. license conversion fees for a (a) dispensary facility to become a
hybrid retailer or (b) producer to engage in the adult use
cannabis market (§ 34).
Social Equity and Innovation Fund
Beginning July 1, 2022, the bill establishes the Social Equity and
Innovation Fund as a separate, nonlapsing fund that must contain any
money the law requires. The state treasurer must hold the fund
separately from other moneys, funds, and accounts.
The bill requires that the fund be appropriated for (1) access to
business capital, (2) technical assistance for business start-ups and
operations, (3) workforce education, and (4) community investments.
These appropriations must be dedicated to expenditures that further
the bill’s principles of equity. 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; 2021SB-01201-R00SS1-BA.DOCX
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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.
The bill requires the Social Equity Council (see § 22 above),
beginning in FY 23, to transmit to the OPM secretary estimated
expenditure requirements (for even -numbered years) and
recommended adjustments and revisions (for odd-numbered years), in
the manner prescribed under existing law for budgeted agencies. It
also requires the council to recommend appropriate funding for each
fiscal year, beginning with FY 23, for angel investor tax credits for
investments in cannabis businesses (see § 133).
OPM may not change any of these estimates, adjustments, or
revisions. In addition, the governor may not cut any of the Social
Equity and Innovation Fund’s appropriations by (1) using his
rescission authority to reduce allotment requisitions or allotments in
force or (2) making reductions in allotments to achieve General Fund
budget savings.
Prevention and Recovery Services Fund
Beginning July 1, 2022, the bill establishes the Prevention and
Recovery Services Fund account as a separate, nonlapsing fund that
must contain any money the law requires. The state treasurer must
hold the fund separately from other moneys, funds, and accounts.
The fund must be appropriated for (1) substance abuse prevention,
treatment, and recovery services and (2) substance abuse data
collection and analysis.
EFFECTIVE DATE: July 1, 2021
§§ 130-132 & 173 — MARIJUANA AND CONTRO LLED
SUBSTANCES TAX
Repeals the marijuana and controlled substances tax
The bill repeals the tax on marijuana and controlled substances that 2021SB-01201-R00SS1-BA.DOCX
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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
§ 133 — ANGEL INVESTOR TAX C REDITS FOR SOCIAL EQ UITY
APPLICANTS
Extends the angel investor tax credit program to eligible cannabis businesses owned and
controlled by social equity applicants; 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; extends the program’s sunset date by four years to 2028
The angel investor tax credit program provides personal income tax
credits to angel investors (i.e., investors whom 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 businesses,” thus
allowing eligible investors to receive income tax credits for investing in
these businesses. A “cannabis business” is a cannabis establishment (1)
for which a social equity applicant has been granted a license or
provisional license, and (2) in which a social equity applicant or
applicants have an ownership interest of at least 65% and have control
of the establishment. The bill makes numerous conforming changes to
the program’s statutes.
Under current law, no new angel investor tax credits may be
reserved after June 30, 2024. The bill extends this sunset date to June
30, 2028.
EFFECTIVE DATE: July 1, 2021
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 2021SB-01201-R00SS1-BA.DOCX
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investments. Under the bill, a cannabis business must meet most of 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.
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.
Investments in Emerging Technology Businesses
Under current law, the amount of credits that CI may reserve each
year for investments in emerging technology businesses is generally 2021SB-01201-R00SS1-BA.DOCX
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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).
Reporting
Existing law requires CI to annually review the angel investor tax
credit program’s cumulative effectiveness and submit the review to the
OPM secretary and the Commerce Committee. The review must
include specified information about each qualified business receiving
an angel investment (e.g., the business’s economic impact). The bill
requires CI to also provide this information for cannabis businesses
that receive angel investments.
§§ 134 & 135 — CANNABIS-RELATED FINANCIAL AS SISTANCE
AND WORKFORCE TRAINI NG PROGRAMS
Authorizes up to $50 million in state general obligation bonds for DECD and the Social
Equity Council 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 Social Equity Council to jointly 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 Social Equity Council (see §
39). 2021SB-01201-R00SS1-BA.DOCX
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The bonds are subject to standard issuance procedures and have a
maximum term of 20 years.
Program Implementation (§ 135)
The bill specifically requires DECD and the council to jointly
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 DECD’s and DCP’s
websites information about the loan program and other funding
available under these provisions.
The bill also requires DECD and the Social Equity Council to jointly
develop and establish the application forms, applicant requirements,
and any other provisions needed to implement the other financial
assistance and training programs described above.
EFFECTIVE DATE: July 1, 2021
§§ 136-139 & 173 — 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
§ 140 — DEPUTY DCP COMMISSIO NER
Requires the governor to appoint a deputy DCP commissioner who is responsible for
cannabis regulation
The bill requires the governor to appoint, with the advice and
consent of one legislative chamber, a deputy DCP commissioner who
is responsible for cannabis regulation under the bill.
EFFECTIVE DATE: July 1, 2021 2021SB-01201-R00SS1-BA.DOCX
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§ 143 — CANNABIS CULTIVATION EXCLUDED FROM FARMIN G
DEFINITION
Specifies that the statutory definition of “agriculture” and “farming” do not include
cannabis cultivation
The bill specifies that the general statutory definition of “agriculture
and “farming” does not include cannabis cultivation.
EFFECTIVE DATE: July 1, 2021
§ 144 — REPORT ON CANNABIS E STABLISHMENT LOCATIO NS
Requires the Social Equity Council to report on where cannabis establishments are
located, including whether they are predominantly in communities of color
The bill requires the Social Equity Council, by January 1, 2025, to
report to the governor and the Judiciary and General Law committees
on cannabis establishments’ location data, including whether they are
predominantly located in communities of color.
EFFECTIVE DATE: Upon passage
§ 146 — DPH PROGRAM ON CANNA BIS-RELATED PUBLIC
HEALTH INFORMATION
Establishes a DPH program to collect and abstract timely public health information on the
impact of cannabis use (e.g., cannabis-associated illness, adverse events, injuries, and
poisoning); requires the program to (1) share statewide data to inform policy makers and
citizens on the impact of cannabis legalization and (2) work with other specified state
agencies to disseminate public health alerts; and requires DPH to annually report to the
Appropriations, Human Services, and Public Health committees on the program, starting
by April 1, 2023
The bill establishes a program within DPH that uses state and
national data sources to collect and abstract timely public health
information on (1) cannabis-associated illness and adverse events, (2)
fatal and non-fatal injuries, and (3) cannabis use poisoning.
Under the bill, the program must:
1. serve as a data coordinator, analysis, and reporting source of
cannabis data and statistics, including illness, adverse events,
injury, pregnancy outcomes, childhood poisoning, adult and
youth use, cannabis-related emergency room visits, and urgent
care episodic mental health visits; 2021SB-01201-R00SS1-BA.DOCX
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2. perform epidemiologic analysis on demographic, health, and
mortality data to identify risk factors and changes in trends;
3. work with DCP, DMHAS, and any other entity the DPH
commissioner deems necessary to disseminate public health
alerts; and
4. share statewide data to inform policy makers and citizens on the
impact of cannabis legalization by posting on the DPH website
public health prevention information and cannabis use-
associated morbidity and mortality statistics.
The bill requires DPH to annually report, starting by April 1, 2023,
to the Appropriations, Human Services, and Public Health committees
on the public health information on cannabis the program collects.
EFFECTIVE DATE: January 1, 2022
§ 147 — HEMP
Allows certain cannabis establishment entities to manufacture, market, cultivate, or store
hemp and hemp products and obtain these products from other legal sources; requires
these purchased products to be tracked throughout the manufacturing process
The bill allows any producer, cultivator, micro-cultivator, and
product manufacturer to manufacture, market, cultivate, or store hemp
and hemp products in accordance with existing hemp laws and
regulations. The bill also allows them to obtain hemp and hemp
products from a person authorized under Connecticut law or the law
of another U.S. state, territory, or possession or other sovereign entity
to possess and sell these products.
Definitions
As under the existing hemp laws, “hemp” is the plant Cannabis
sativa L and any part of it, including seeds and derivatives, extracts,
cannabinoids, isomers, acids, and salts of isomers, whether growing or
not, with a delta-9 tetrahydrocannabinol (THC) concentration of not
more than 0.3% on a dry weight basis. “Hemp products” are the
following products containing a THC concentration of not more than
0.3% on a dry weight basis or per product volume or weight (1)
commodities manufactured from the hemp plant for commercial or 2021SB-01201-R00SS1-BA.DOCX
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research purposes that are intended for human ingestion, inhalation,
absorption, or other internal consumption (i.e., “manufacturer hemp
products”) and (2) raw hemp product, fiber-based hemp product, or
animal hemp food product (i.e., producer hemp product).
Third-Party Tracking
The bill requires the hemp or hemp products these entities purchase
from third parties to be tracked as a separate batch throughout the
manufacturing process to document their disposition. Once the entity
receives these products, they are deemed cannabis and the entity must
comply with the applicable cannabis laws and statutes. Entities must
retain a copy of the certificate of analysis for hemp or hemp products
purchased and the invoice and transport documents that show the
quantity purchased and date received.
Medical Marijuana Dispensaries and Laboratories
The bill prohibits hemp or hemp products from being sold or
distributed within a dispensary facility or the business premises of a
hybrid retailer or retailer.
EFFECTIVE DATE: July 1, 2021
§ 148 — MUNICIPAL ZONING AUT HORITY AND APPROVAL
REQUIREMENTS
Authorizes municipalities to enact certain zoning regulations or ordinances for cannabis
establishments; temporarily prohibits municipalities from granting zoning approval for
more retailers or micro-cultivators than a number that would allow for one of each for
every 25,000 residents; allows the DCP commissioner to set a cap in the future
General Zoning Authority and Restrictions
The bill allows municipalities to amend their zoning regulations or
local ordinances to take the following actions regarding cannabis
establishments:
1. prohibit them from opening;
2. reasonably restrict their hours and signage; or
3. restrict their proximity to religious institutions, schools,
charitable institutions, hospitals, veterans’ homes, or certain 2021SB-01201-R00SS1-BA.DOCX
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military establishments.
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.
Affirmative Zoning Approval for Retailers and Micro-Cultivators
Until June 30, 2024, the bill prohibits municipalities from granting
zoning approval for more retailers or micro-cultivators than a number
that would allow for one retailer and one micro-cultivator for every
25,000 municipal residents, as determined by the most recent decennial
census. Beginning July 1, 2024, the DCP commissioner may post on the
department’s web site a specific number of residents such that no
municipality shall grant zoning approval for more retailers or micro-
cultivators than would result in one retailer and one micro-cultivator
for every such specific number of residents, as determined by the
commissioner. Any such determination shall be made to ensure
reasonable access to cannabis by consumers.
In order to ensure compliance, the bill requires a special permit or
other affirmative approval for any retailer or micro-cultivator seeking
to be located within a municipality. A municipality must not grant the
special permit or approval for any applicant if an approval would
result in exceeding the density cap set by the bill or DCP
commissioner.
When awarding final licenses for a retailer or micro-cultivator, DCP
may assume that if an applicant for the final license has zoning
approval, the approval does not result in a violation of this provision 2021SB-01201-R00SS1-BA.DOCX
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or any other municipal restrictions on the number or density of
cannabis establishments.
EFFECTIVE DATE: July 1, 2021
§ 149 — CULTIVATOR LICENSE
Allows social equity applicants, for a limited time, to receive a cultivator license without
participating in a lottery for facilities located in a disproportionately impacted area
Thirty days after the Social Equity Council posts the criteria for
social equity applicants on its website, the bill requires DCP to open a
three-month application period for cultivators during which a social
equity applicant may apply for a provisional and a final cultivator
license for a facility located in a disproportionately impacted area
without participating in a lottery or request for proposals.
The application for a provisional license must be granted upon (1)
the Social Equity Council’s verification that the applicant meets the
social equity applicant criteria; (2) the applicant submitting to and
passing a criminal background check; and (3) payment of a $3 million
fee to be deposited in the social equity and innovation account.
To obtain a final cultivator license under this provision, the
applicant must provide evidence of:
1. a contract with an approved seed-to-sale vendor in accordance
with the bill’s provisions,
2. a right to exclusively occupy a location in a disproportionately
impacted area where the cultivation facility will be located,
3. any necessary local zoning approval and permits for the
cultivation facility,
4. a business plan,
5. a council-approved social equity plan,
6. written policies for preventing diversion and misuse of cannabis
and sales of cannabis to underage individuals, and 2021SB-01201-R00SS1-BA.DOCX
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7. blueprints of the facility and all other DCP security
requirements.
EFFECTIVE DATE: July 1, 2021
§ 150 — AGREEMENTS WITH TRIBES
Authorizes the governor to enter into agreements with the Mashantucket Pequot and
Mohegan tribes for cannabis businesses and the adult use market; deems the agreements
approved without further action by the legislature
The bill authorizes the governor to enter into one or more
memorandums of understanding or agreements, compacts, or
amendments to existing compacts (“agreements”) with the
Mashantucket Pequot and Mohegan tribes to coordinate the
administration and execution of the bill’s provisions and the tribes’
laws and regulations on possessing, delivering, producing, processing,
or using cannabis.
These tribal-state agreements may cover:
1. criminal and civil law enforcement; and
2. laws and regulations on (a) taxation and (b) possessing,
delivering, producing, processing, or using cannabis.
Under the bill, any agreement must:
1. preserve public health and safety;
2. ensure cannabis production, processing, testing, and retail
facilities on tribal land are secure; and
3. regulate any business involving cannabis passing between the
reservation of the tribal nation that is a party to the agreement,
and other areas in the state.
Under existing law, both houses of the legislature must approve a
tribal-state compact (CGS § 3-6c). However, the bill notwithstands this
law and deems any above-described agreement approved once the
governor enters into it, without further action by the legislature. 2021SB-01201-R00SS1-BA.DOCX
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EFFECTIVE DATE: July 1, 2021
§ 151 — LEGISLATIVE COMMISSI ONERS’ OFFICE (LCO)
TECHNICAL FIXES
Requires LCO to make any necessary technical fixes during codification
The bill requires LCO to make any technical, grammatical, and
punctuation changes necessary to carry out the bill’s purposes during
its codification.
EFFECTIVE DATE: Upon passage
§ 152 — CI INVESTMENTS IN CANNABIS ESTABLISHME NTS
Authorizes CI to provide financial aid to, and make equity investments in, cannabis
establishments
The bill authorizes Connecticut Innovations, Inc. (CI) to provide
financial aid to cannabis establishments, including making equity
investments in such establishments.
EFFECTIVE DATE: July 1, 2021
§ 162 — HOME GROW
Starting in July 2023, allows individuals age 21 or older to grow up to three mature and
three immature cannabis plants at home
The bill allows any consumer (i.e., individual age 21 or older) to
cultivate up to six cannabis plants in his or her primary residence
(specifically, up to three mature and three immature plants), if the
individual keeps the plants secure from anyone else. The bill limits
each household to growing no more than 12 cannabis plants at any
given time.
EFFECTIVE DATE: July 1, 2023
§ 163 — PENALTY FOR SALES TO YOUNGER PERSONS
Makes it a class A misdemeanor for people age 23 or older to sell or give cannabis to people
they know are underage
The bill generally makes it a class A misdemeanor for someone age
23 or older who sells, delivers, or gives cannabis to any person under
age 21. This applies if the person knew, or should have known, that
the recipient was under age. 2021SB-01201-R00SS1-BA.DOCX
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EFFECTIVE DATE: October 1, 2021
§ 164 — OPM TRAFFIC STOP REP ORT
Requires OPM’s annual report on traffic stop data to include stops conducted on
suspicion of DUI violations
Existing law requires OPM to, within available resources, review
the prevalence and distribution of traffic stops and complaints
reported to it and annually report the results to the governor and
legislature. The bill also requires the report to include stops conducted
on suspicion of DUI violations.
EFFECTIVE DATE: Upon passage
§ 165 — DESPP STUDY ON PHLEB OTOMY PROG RAM AND
CANNABIS IMPAIRMENT TRAINING FACILITY
Requires DESPP to study the feasibility of establishing a phlebotomy program for police
departments and a facility for cannabis impairment training
By January 1, 2022, the bill requires DESPP to report to the governor
and the Public Safety and Transportation committees on the merits and
feasibility of establishing a (1) phlebotomy program for police
departments in the state and (2) facility to train police officers on
cannabis impairment symptoms.
EFFECTIVE DATE: Upon passage
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.).