CT
Connecticut Senate Bill SB01201

Connecticut 2021 Regular Session

Connecticut Senate Bill SB01201 Compare Versions

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4-Senate Bill No. 1201
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6-June Special Session, Public Act No. 21-1
3+LCO No. 10834 1 of 295
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5+General Assembly Bill No. 1201
6+June Special Session, 2021
7+LCO No. 10834
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10+Referred to Committee on No Committee
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13+Introduced by:
14+SEN. LOONEY, 11
15+th
16+ Dist.
17+REP. RITTER M., 1
18+st
19+ Dist.
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926 AN ACT CONCERNING RE SPONSIBLE AND EQUITABLE
1027 REGULATION OF ADULT -USE CANNABIS.
1128 Be it enacted by the Senate and House of Representatives in General
1229 Assembly convened:
1330
14-Section 1. (NEW) (Effective from passage) As used in RERACA, unless
15-the context otherwise requires:
16-(1) "Responsible and Equitable Regulation of Adult-Use Cannabis
17-Act" or "RERACA" means this section, sections 7, 9, 11 to 14, inclusive,
18-16, 18, 20 to 65, inclusive, 82, 83, 89 to 110, inclusive, 112 to 114, inclusive,
19-121, 124 to 128, inclusive, 134, 135 and 144 to 151, inclusive, 153, 162, 163,
20-165 to 167, inclusive, and 174 of this act, and the amendments to sections
21-7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-111e, 14-
22-227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 19a-342,
23-19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 to 21a-408f,
24-inclusive, 21a-408h to 21a-408p, inclusive, 21a-408r to 21a-408v,
25-inclusive, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m,
26-54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a and
27-54-142e of the general statutes;
28-(2) "Backer" means any individual with a direct or indirect financial
29-interest in a cannabis establishment. "Backer" does not include an
30-individual with an investment interest in a cannabis establishment if (A) Senate Bill No. 1201
31-
32-June Sp. Sess., Public Act No. 21-1 2 of 303
33-
34-the interest held by such individual and such individual's spouse,
35-parent or child, in the aggregate, does not exceed five per cent of the
36-total ownership or interest rights in such cannabis establishment, and
37-(B) such individual does not participate directly or indirectly in the
38-control, management or operation of the cannabis establishment;
39-(3) "Cannabis" means marijuana, as defined in section 21a-240 of the
40-general statutes;
41-(4) "Cannabis establishment" means a producer, dispensary facility,
42-cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage
43-manufacturer, product manufacturer, product packager, delivery
44-service or transporter;
45-(5) "Cannabis flower" means the flower, including abnormal and
46-immature flowers, of a plant of the genus cannabis that has been
47-harvested, dried and cured, and prior to any processing whereby the
48-flower material is transformed into a cannabis product. "Cannabis
49-flower" does not include (A) the leaves or stem of such plant, or (B)
50-hemp, as defined in section 22-61l of the general statutes;
51-(6) "Cannabis trim" means all parts, including abnormal or immature
52-parts, of a plant of the genus cannabis, other than cannabis flower, that
53-have been harvested, dried and cured, and prior to any processing
54-whereby the plant material is transformed into a cannabis product.
55-"Cannabis trim" does not include hemp, as defined in section 22-61l of
56-the general statutes;
57-(7) "Cannabis product" means cannabis that is in the form of a
58-cannabis concentrate or a product that contains cannabis, which may be
59-combined with other ingredients, and is intended for use or
60-consumption. "Cannabis product" does not include the raw cannabis
61-plant;
62-(8) "Cannabis concentrate" means any form of concentration, Senate Bill No. 1201
63-
64-June Sp. Sess., Public Act No. 21-1 3 of 303
65-
66-including, but not limited to, extracts, oils, tinctures, shatter and waxes,
67-that is extracted from cannabis;
68-(9) "Cannabis-type substances" have the same meaning as
69-"marijuana", as defined in section 21a-240 of the general statutes;
70-(10) "Commissioner" means the Commissioner of Consumer
71-Protection and includes any designee of the commissioner;
72-(11) "Consumer" means an individual who is twenty-one years of age
73-or older;
74-(12) "Cultivation" has the same meaning as provided in section 21a-
75-408 of the general statutes;
76-(13) "Cultivator" means a person that is licensed to engage in the
77-cultivation, growing and propagation of the cannabis plant at an
78-establishment with not less than fifteen thousand square feet of grow
79-space;
80-(14) "Delivery service" means a person that is licensed to deliver
81-cannabis from (A) micro-cultivators, retailers and hybrid retailers to
82-consumers and research program subjects, and (B) hybrid retailers and
83-dispensary facilities to qualifying patients, caregivers and research
84-program subjects, as defined in section 21a-408 of the general statutes,
85-or to hospices or other inpatient care facilities licensed by the
86-Department of Public Health pursuant to chapter 368v of the general
87-statutes that have a protocol for the handling and distribution of
88-cannabis that has been approved by the department, or a combination
89-thereof;
90-(15) "Department" means the Department of Consumer Protection;
91-(16) "Dispensary facility" means a place of business where cannabis
92-may be dispensed, sold or distributed in accordance with chapter 420f Senate Bill No. 1201
93-
94-June Sp. Sess., Public Act No. 21-1 4 of 303
95-
96-of the general statutes and any regulations adopted thereunder, to
97-qualifying patients and caregivers, and to which the department has
98-issued a dispensary facility license under chapter 420f of the general
99-statutes and any regulations adopted thereunder;
100-(17) "Disproportionately impacted area" means a United States
101-census tract in the state that has, as determined by the Social Equity
102-Council under section 22 of this act, (A) a historical conviction rate for
103-drug-related offenses greater than one-tenth, or (B) an unemployment
104-rate greater than ten per cent;
105-(18) "Disqualifying conviction" means a conviction within the last ten
106-years which has not been the subject of an absolute pardon under the
107-provisions of section 54-130a of the general statutes, or an equivalent
108-pardon process under the laws of another state or the federal
109-government, for an offense under (A) section 53a-276, 53a-277 or 53a-
110-278 of the general statutes; (B) section 53a-291, 53a-292 or 53a-293 of the
111-general statutes; (C) section 53a-215 of the general statutes; (D) section
112-53a-138 or 53a-139 of the general statutes; (E) section 53a-142a of the
113-general statutes; (F) sections 53a-147 to 53a-162, inclusive, of the general
114-statutes; (G) sections 53a-125c to 53a-125f, inclusive, of the general
115-statutes; (H) section 53a-129b, 53a-129c or 53a-129d of the general
116-statutes; (I) subsection (b) of section 12-737 of the general statutes; (J)
117-section 53a-48 or 53a-49 of the general statutes, if the offense which is
118-attempted or is an object of the conspiracy is an offense under the
119-statutes listed in subparagraphs (A) to (I), inclusive, of this subdivision;
120-or (K) the law of any other state or of the federal government, if the
121-offense on which such conviction is based is defined by elements that
122-substantially include the elements of an offense under the statutes listed
123-in subparagraphs (A) to (J), inclusive, of this subdivision;
124-(19) "Dispensary technician" means an individual who has had an
125-active pharmacy technician or dispensary technician registration in this
126-state within the past five years, is affiliated with a dispensary facility or Senate Bill No. 1201
127-
128-June Sp. Sess., Public Act No. 21-1 5 of 303
129-
130-hybrid retailer and is registered with the department in accordance with
131-chapter 420f of the general statutes and any regulations adopted
132-thereunder;
133-(20) "Employee" means any person who is not a backer, but is a
134-member of the board of a company with an ownership interest in a
135-cannabis establishment, and any person employed by a cannabis
136-establishment or who otherwise has access to such establishment or the
137-vehicles used to transport cannabis, including, but not limited to, an
138-independent contractor who has routine access to the premises of such
139-establishment or to the cannabis handled by such establishment;
140-(21) "Equity" and "equitable" means efforts, regulations, policies,
141-programs, standards, processes and any other functions of government
142-or principles of law and governance intended to: (A) Identify and
143-remedy past and present patterns of discrimination and disparities of
144-race, ethnicity, gender and sexual orientation; (B) ensure that such
145-patterns of discrimination and disparities, whether intentional or
146-unintentional, are neither reinforced nor perpetuated; and (C) prevent
147-the emergence and persistence of foreseeable future patterns of
148-discrimination or disparities of race, ethnicity, gender, and sexual
149-orientation;
150-(22) "Equity joint venture" means a business entity that is at least fifty
151-per cent owned and controlled by an individual or individuals, or such
152-applicant is an individual, who meets the criteria of subparagraphs (A)
153-and (B) of subdivision (48) of this section;
154-(23) "Extract" means the preparation, compounding, conversion or
155-processing of cannabis, either directly or indirectly by extraction or
156-independently by means of chemical synthesis, or by a combination of
157-extraction and chemical synthesis to produce a cannabis concentrate;
158-(24) "Financial interest" means any right to, ownership, an investment Senate Bill No. 1201
159-
160-June Sp. Sess., Public Act No. 21-1 6 of 303
161-
162-or a compensation arrangement with another person, directly, through
163-business, investment or family. "Financial interest" does not include
164-ownership of investment securities in a publicly-held corporation that
165-is traded on a national exchange or over-the-counter market, provided
166-the investment securities held by such person and such person's spouse,
167-parent or child, in the aggregate, do not exceed one-half of one per cent
168-of the total number of shares issued by the corporation;
169-(25) "Food and beverage manufacturer" means a person that is
170-licensed to own and operate a place of business that acquires cannabis
171-and creates food and beverages;
172-(26) "Grow space" means the portion of a premises owned and
173-controlled by a producer, cultivator or micro-cultivator that is utilized
174-for the cultivation, growing or propagation of the cannabis plant, and
175-contains cannabis plants in an active stage of growth, measured starting
176-from the outermost wall of the room containing cannabis plants and
177-continuing around the outside of the room. "Grow space" does not
178-include space used to cure, process, store harvested cannabis or
179-manufacture cannabis once the cannabis has been harvested;
180-(27) "Historical conviction count for drug-related offenses" means, for
181-a given area, the number of convictions of residents of such area (A) for
182-violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 21a-279a of
183-the general statutes, and (B) who were arrested for such violations
184-between January 1, 1982, and December 31, 2020, inclusive, where such
185-arrest was recorded in databases maintained by the Department of
186-Emergency Services and Public Protection;
187-(28) "Historical conviction rate for drug-related offenses" means, for
188-a given area, the historical conviction count for drug-related offenses
189-divided by the population of such area, as determined by the five-year
190-estimates of the most recent American Community Survey conducted
191-by the United States Census Bureau; Senate Bill No. 1201
192-
193-June Sp. Sess., Public Act No. 21-1 7 of 303
194-
195-(29) "Hybrid retailer" means a person that is licensed to purchase
196-cannabis and sell cannabis and medical marijuana products;
197-(30) "Key employee" means an employee with the following
198-management position or an equivalent title within a cannabis
199-establishment: (A) President or chief officer, who is the top ranking
200-individual at the cannabis establishment and is responsible for all staff
201-and overall direction of business operations; (B) financial manager, who
202-is the individual who reports to the president or chief officer and who is
203-generally responsible for oversight of the financial operations of the
204-cannabis establishment, including, but not limited to, revenue
205-generation, distributions, tax compliance and budget implementation;
206-or (C) compliance manager, who is the individual who reports to the
207-president or chief officer and who is generally responsible for ensuring
208-the cannabis establishment complies with all laws, regulations and
209-requirements related to the operation of the cannabis establishment;
210-(31) "Laboratory" means a laboratory located in the state that is
211-licensed by the department to provide analysis of cannabis that meets
212-the licensure requirements set forth in section 21a-246 of the general
213-statutes;
214-(32) "Laboratory employee" means an individual who is registered as
215-a laboratory employee pursuant to section 21a-408r of the general
216-statutes;
217-(33) "Labor peace agreement" means an agreement between a
218-cannabis establishment and a bona fide labor organization under section
219-102 of this act pursuant to which the owners and management of the
220-cannabis establishment agree not to lock out employees and that
221-prohibits the bona fide labor organization from engaging in picketing,
222-work stoppages or boycotts against the cannabis establishment;
223-(34) "Manufacture" means to add or incorporate cannabis into other Senate Bill No. 1201
224-
225-June Sp. Sess., Public Act No. 21-1 8 of 303
226-
227-products or ingredients or create a cannabis product;
228-(35) "Medical marijuana product" means cannabis that may be
229-exclusively sold to qualifying patients and caregivers by dispensary
230-facilities and hybrid retailers and which are designated by the
231-commissioner as reserved for sale to qualifying patients and caregivers
232-and published on the department's Internet web site;
233-(36) "Micro-cultivator" means a person licensed to engage in the
234-cultivation, growing and propagation of the cannabis plant at an
235-establishment containing not less than two thousand square feet and not
236-more than ten thousand square feet of grow space, prior to any
237-expansion authorized by the commissioner;
238-(37) "Municipality" means any town, city or borough, consolidated
239-town and city or consolidated town and borough;
240-(38) "Paraphernalia" means drug paraphernalia, as defined in section
241-21a-240 of the general statutes;
242-(39) "Person" means an individual, partnership, limited liability
243-company, society, association, joint stock company, corporation, estate,
244-receiver, trustee, assignee, referee or any other legal entity and any other
245-person acting in a fiduciary or representative capacity, whether
246-appointed by a court or otherwise, and any combination thereof;
247-(40) "Producer" means a person that is licensed as a producer
248-pursuant to section 21a-408i of the general statutes and any regulations
249-adopted thereunder;
250-(41) "Product manufacturer" means a person that is licensed to obtain
251-cannabis, extract and manufacture products exclusive to such license
252-type;
253-(42) "Product packager" means a person that is licensed to package Senate Bill No. 1201
254-
255-June Sp. Sess., Public Act No. 21-1 9 of 303
256-
257-and label cannabis;
258-(43) "Qualifying patient" has the same meaning as provided in section
259-21a-408 of the general statutes;
260-(44) "Research program" has the same meaning as provided in section
261-21a-408 of the general statutes;
262-(45) "Retailer" means a person, excluding a dispensary facility and
263-hybrid retailer, that is licensed to purchase cannabis from producers,
264-cultivators, micro-cultivators, product manufacturers and food and
265-beverage manufacturers and to sell cannabis to consumers and research
266-programs;
267-(46) "Sale" or "sell" has the same meaning as provided in section 21a-
268-240 of the general statutes;
269-(47) "Social Equity Council" or "council" means the council
270-established under section 22 of this act;
271-(48) "Social equity applicant" means a person that has applied for a
272-license for a cannabis establishment, where such applicant is at least
273-sixty-five per cent owned and controlled by an individual or
274-individuals, or such applicant is an individual, who:
275-(A) Had an average household income of less than three hundred per
276-cent of the state median household income over the three tax years
277-immediately preceding such individual's application; and
278-(B) (i) Was a resident of a disproportionately impacted area for not
279-less than five of the ten years immediately preceding the date of such
280-application; or
281-(ii) Was a resident of a disproportionately impacted area for not less
282-than nine years prior to attaining the age of eighteen; Senate Bill No. 1201
283-
284-June Sp. Sess., Public Act No. 21-1 10 of 303
285-
286-(49) "THC" has the same meaning as provided in section 21a-240 of
287-the general statutes;
288-(50) "Third-party lottery operator" means a person, or a constituent
289-unit of the state system of higher education, that conducts lotteries
290-pursuant to section 35 of this act, identifies the cannabis establishment
291-license applications for consideration without performing any review of
292-the applications that are identified for consideration, and that has no
293-direct or indirect oversight of or investment in a cannabis establishment
294-or a cannabis establishment applicant;
295-(51) "Transfer" means to transfer, change, give or otherwise dispose
296-of control over or interest in;
297-(52) "Transport" means to physically move from one place to another;
298-(53) "Transporter" means a person licensed to transport cannabis
299-between cannabis establishments, laboratories and research programs;
300-and
301-(54) "Unemployment rate" means, in a given area, the number of
302-people sixteen years of age or older who are in the civilian labor force
303-and unemployed divided by the number of people sixteen years of age
304-or older who are in the civilian labor force.
305-Sec. 2. Subsection (a) of section 21a-279 of the general statutes is
306-repealed and the following is substituted in lieu thereof (Effective July 1,
307-2021):
308-(a) (1) Any person who possesses or has under such person's control
309-any quantity of any controlled substance, except [less than one-half
310-ounce of a cannabis-type substance] any quantity of cannabis, as defined
311-in section 1 of this act, and except as authorized in this chapter or chapter
312-420f, shall be guilty of a class A misdemeanor. Senate Bill No. 1201
313-
314-June Sp. Sess., Public Act No. 21-1 11 of 303
315-
316-(2) For a second offense of subdivision (1) of this subsection, the court
317-shall evaluate such person and, if the court determines such person is a
318-drug-dependent person, the court may suspend prosecution of such
319-person and order such person to undergo a substance abuse treatment
320-program.
321-(3) For any subsequent offense of subdivision (1) of this subsection,
322-the court may find such person to be a persistent offender for possession
323-of a controlled substance in accordance with section 53a-40.
324-Sec. 3. Section 21a-279a of the general statutes is repealed and the
325-following is substituted in lieu thereof (Effective July 1, 2021):
326-(a) Any person [who possesses or has under his control less than one-
327-half ounce of a cannabis-type substance, as defined in section 21a-240,
328-except as authorized in this chapter, shall (1) for a first offense, be fined
329-one hundred fifty dollars, and (2) for a subsequent offense, be fined not
330-less than two hundred dollars or more than five hundred dollars.]
331-twenty-one years of age or older may possess, use and otherwise
332-consume cannabis, provided the amount of all such cannabis does not
333-exceed such person's possession limit of (1) one and one-half ounces of
334-cannabis plant material and five ounces of cannabis plant material in a
335-locked container at such person's residence or a locked glove box or
336-trunk of such person's motor vehicle, (2) an equivalent amount of
337-cannabis products, as provided in subsection (i) of this section, or (3) an
338-equivalent amount of a combination of cannabis and cannabis products,
339-as provided in subsection (i) of this section. On and after July 1, 2023, a
340-person's personal possession limit does not include any live plant or
341-cannabis plant material derived from any live plant cultivated by such
342-person in accordance with the provisions of section 162 of this act.
343-(b) (1) Any person under eighteen years of age who possesses or has
344-under such person's control less than (A) five ounces of cannabis plant
345-material, (B) an equivalent amount of cannabis products, as provided in Senate Bill No. 1201
346-
347-June Sp. Sess., Public Act No. 21-1 12 of 303
348-
349-subsection (i) of this section, or (C) an equivalent amount of a
350-combination of cannabis and cannabis products, as provided in
351-subsection (i) of this section, except as authorized in this chapter or
352-chapter 420f, shall for a (i) first offense, be issued a written warning, and
353-such person may be referred to a youth services bureau established
354-under section 10-19m or to any other appropriate services, (ii) second
355-offense, be referred to a youth services bureau established under section
356-10-19m or to any other appropriate services, and (iii) any subsequent
357-offense, be adjudicated delinquent pursuant to the provisions of section
358-46b-120.
359-(2) Any person under eighteen years of age who possesses or has
360-under such person's control (A) five ounces or more of cannabis plant
361-material, (B) an equivalent amount of cannabis products, as provided in
362-subsection (i) of this section, or (C) an equivalent amount of a
363-combination of cannabis and cannabis products, as provided in
364-subsection (i) of this section, except as authorized in this chapter or
365-chapter 420f, shall be adjudicated delinquent pursuant to the provisions
366-of section 46b-120.
367-(3) No person may be arrested for a violation of this subsection.
368-(c) (1) Any person eighteen years of age or older but under twenty-
369-one years of age, who possesses or has under such person's control less
370-than (A) five ounces of cannabis plant material, (B) an equivalent
371-amount of cannabis products, as provided in subsection (h) of this
372-section, or (C) an equivalent amount of a combination of cannabis and
373-cannabis products, as provided in subsection (i) of this section, except
374-as authorized in this chapter or chapter 420f, shall be required to view
375-and sign a statement acknowledging the health effects of cannabis on
376-young people and shall (i) for a first offense, be fined fifty dollars, and
377-(ii) for any subsequent offense, be fined one hundred fifty dollars.
378-(2) Any person eighteen years of age or older but under twenty-one Senate Bill No. 1201
379-
380-June Sp. Sess., Public Act No. 21-1 13 of 303
381-
382-years of age, who possesses or has under such person's control (A) five
383-ounces or more of cannabis plant material, (B) an equivalent amount of
384-cannabis products, as provided in subsection (i) of this section, or (C) an
385-equivalent amount of a combination of cannabis and cannabis products,
386-as provided in subsection (i) of this section, except as authorized in this
387-chapter or chapter 420f, shall be required to view and sign a statement
388-acknowledging the health effects of cannabis on young people and shall
389-(i) for a first offense, be fined five hundred dollars, and (ii) for any
390-subsequent offense, be guilty of a class D misdemeanor.
391-(d) Any person twenty-one years of age or older, except as authorized
392-in this chapter, chapter 420f or RERACA, who possesses or has under
393-such person's control more than the possession limit pursuant to
394-subsection (a) of this section, but less than (1) five ounces of cannabis
395-plant material and eight ounces of cannabis plant material in a locked
396-container at such person's residence or a locked glove box or trunk of
397-such person's motor vehicle, (2) an equivalent amount of cannabis
398-products, as provided in subsection (i) of this section, or (3) an
399-equivalent amount of a combination of cannabis and cannabis products,
400-as provided in subsection (i) of this section, shall for a (A) first offense,
401-be fined one hundred dollars, and (B) subsequent offense, be fined two
402-hundred fifty dollars.
403-(e) (1) Any person twenty-one years of age or older, except as
404-authorized in this chapter, chapter 420f or RERACA, who possesses or
405-has under such person's control (A) five ounces or more of cannabis
406-plant material or eight ounces or more of cannabis plant material in a
407-locked container at such person's residence or a locked glove box or
408-trunk of such person's motor vehicle, (B) an equivalent amount of
409-cannabis products, as provided in subsection (i) of this section, or (C) an
410-equivalent amount of a combination of cannabis and cannabis products,
411-as provided in subsection (i) of this section, shall for a (i) first offense, be
412-fined five hundred dollars, and (ii) subsequent offense, be guilty of a Senate Bill No. 1201
413-
414-June Sp. Sess., Public Act No. 21-1 14 of 303
415-
416-class C misdemeanor.
417-(2) For an offense under subdivision (1) of this subsection, the court
418-shall evaluate such person and, if the court determines such person is a
419-drug-dependent person, the court may suspend prosecution of such
420-person and order such person to undergo a substance abuse treatment
421-program.
422-[(b)] (f) The law enforcement officer issuing a complaint for a
423-violation of subsection [(a)] (b), (c), (d) or (e) of this section shall seize
424-[the cannabis-type substance] all cannabis and cause such substance to
425-be destroyed as contraband in accordance with law.
426-[(c)] (g) Any person who, at separate times, has twice entered a plea
427-of nolo contendere to, or been found guilty after trial of, a violation of
428-subsection [(a)] (e) of this section shall, upon a subsequent plea of nolo
429-contendere to, or finding of guilty of, a violation of said subsection, be
430-referred for participation in a drug education program at such person's
431-own expense.
432-(h) Any person subject to a fine under the provisions of this section
433-may attest to his or her indigency, and, in lieu of paying such fine,
434-complete community service with a private nonprofit charity or other
435-nonprofit organization. The number of hours of community service
436-required shall be equivalent to one hour of such service for each twenty-
437-five dollars of the fine that would otherwise apply. Upon completion of
438-the community service, such person shall attest, and present
439-documentation from such private nonprofit charity or other nonprofit
440-organization confirming that such community service was performed.
441-(i) (1) For purposes of determining any amount or limit specified in
442-this section and RERACA, one ounce of cannabis plant material shall be
443-considered equivalent to (A) five grams of cannabis concentrate, or (B)
444-any other cannabis products with up to five hundred milligrams of Senate Bill No. 1201
445-
446-June Sp. Sess., Public Act No. 21-1 15 of 303
447-
448-THC.
449-(2) For purposes of subsection (a) of this section, one and one-half
450-ounces of cannabis plant material shall be considered equivalent to (A)
451-seven and one-half grams of cannabis concentrate, or (B) any other
452-cannabis products with up to seven hundred fifty milligrams of THC.
453-(3) For purposes of subsections (b) to (e), inclusive, of this section, five
454-ounces of cannabis plant material shall be considered equivalent to (i)
455-twenty-five grams of cannabis concentrate, or (ii) any other cannabis
456-products with up to two thousand five hundred milligrams of THC.
457-(4) For purposes of determining any amount or limit specified in this
458-section and RERACA, the amount possessed shall be calculated by
459-converting any quantity of cannabis products to its equivalent quantity
460-of cannabis plant material, and then taking the sum of any such
461-quantities.
462-(j) (1) As used in this section, "cannabis", "cannabis flower", "cannabis
463-trim", "cannabis concentrate" and "cannabis product" have the same
464-meanings as provided in section 1 of this act.
465-(2) As used in this section, "cannabis plant material" means cannabis
466-flower, cannabis trim and all parts of any plant or species of the genus
467-cannabis, or any infra specific taxon thereof, excluding a growing plant,
468-and the seeds thereof. "Cannabis plant material" does not include hemp,
469-as defined in section 22-61l.
470-(3) As used in this section, "motor vehicle" has the same meaning as
471-provided in section 14-1.
472-(4) As used in this section, "trunk" means (A) the fully enclosed and
473-locked main storage or luggage compartment of a motor vehicle that is
474-not accessible from the passenger compartment, or (B) a locked toolbox
475-or utility box attached to the bed of a pickup truck, as defined in section Senate Bill No. 1201
476-
477-June Sp. Sess., Public Act No. 21-1 16 of 303
478-
479-14-1. "Trunk" does not include the rear of a pickup truck, except as
480-otherwise provided, or of a hatchback, station-wagon-type automobile
481-or sport utility vehicle or any compartment that has a window.
482-Sec. 4. Section 21a-267 of the general statutes is repealed and the
483-following is substituted in lieu thereof (Effective July 1, 2021):
484-(a) No person shall use or possess with intent to use drug
485-paraphernalia, as defined in subdivision (20) of section 21a-240, to plant,
486-propagate, cultivate, grow, harvest, manufacture, compound, convert,
487-produce, process, prepare, test, analyze, pack, repack, store, contain or
488-conceal, or to ingest, inhale or otherwise introduce into the human body,
489-any controlled substance, as defined in subdivision (9) of section 21a-
490-240, other than [a cannabis-type substance in a quantity of less than one-
491-half ounce] cannabis. Any person who violates any provision of this
492-subsection shall be guilty of a class C misdemeanor.
493-(b) No person shall deliver, possess with intent to deliver or
494-manufacture with intent to deliver drug paraphernalia knowing, or
495-under circumstances where one reasonably should know, that it will be
496-used to plant, propagate, cultivate, grow, harvest, manufacture,
497-compound, convert, produce, process, prepare, test, analyze, pack,
498-repack, store, contain or conceal, or to ingest, inhale or otherwise
499-introduce into the human body, any controlled substance, other than [a
500-cannabis-type substance in a quantity of less than one-half ounce]
501-cannabis. Any person who violates any provision of this subsection shall
502-be guilty of a class A misdemeanor.
503-(c) Any person who violates subsection (a) or (b) of this section in or
504-on, or within one thousand five hundred feet of, the real property
505-comprising a public or private elementary or secondary school and who
506-is not enrolled as a student in such school shall be imprisoned for a term
507-of one year which shall not be suspended and shall be in addition and
508-consecutive to any term of imprisonment imposed for violation of Senate Bill No. 1201
509-
510-June Sp. Sess., Public Act No. 21-1 17 of 303
511-
512-subsection (a) or (b) of this section.
513-[(d) No person shall (1) use or possess with intent to use drug
514-paraphernalia to plant, propagate, cultivate, grow, harvest,
515-manufacture, compound, convert, produce, process, prepare, test,
516-analyze, pack, repack, store, contain or conceal, or to ingest, inhale or
517-otherwise introduce into the human body, less than one-half ounce of a
518-cannabis-type substance, or (2) deliver, possess with intent to deliver or
519-manufacture with intent to deliver drug paraphernalia knowing, or
520-under circumstances where one reasonably should know, that it will be
521-used to plant, propagate, cultivate, grow, harvest, manufacture,
522-compound, convert, produce, process, prepare, test, analyze, pack,
523-repack, store, contain or conceal, or to ingest, inhale or otherwise
524-introduce into the human body, less than one-half ounce of a cannabis-
525-type substance. Any person who violates any provision of this
526-subsection shall have committed an infraction.]
527-[(e)] (d) The provisions of subsection (a) of this section shall not apply
528-to any person (1) who in good faith, seeks medical assistance for another
529-person who such person reasonably believes is experiencing an
530-overdose from the ingestion, inhalation or injection of intoxicating
531-liquor or any drug or substance, (2) for whom another person, in good
532-faith, seeks medical assistance, reasonably believing such person is
533-experiencing an overdose from the ingestion, inhalation or injection of
534-intoxicating liquor or any drug or substance, or (3) who reasonably
535-believes he or she is experiencing an overdose from the ingestion,
536-inhalation or injection of intoxicating liquor or any drug or substance
537-and, in good faith, seeks medical assistance for himself or herself, if
538-evidence of the use or possession of drug paraphernalia in violation of
539-said subsection was obtained as a result of the seeking of such medical
540-assistance. For the purposes of this subsection, "good faith" does not
541-include seeking medical assistance during the course of the execution of
542-an arrest warrant or search warrant or a lawful search. Senate Bill No. 1201
543-
544-June Sp. Sess., Public Act No. 21-1 18 of 303
545-
546-(e) For purposes of this section, "cannabis" has the same meaning as
547-provided in section 1 of this act.
548-Sec. 5. Section 46b-120 of the general statutes is repealed and the
549-following is substituted in lieu thereof (Effective July 1, 2021):
550-The terms used in this chapter shall, in its interpretation and in the
551-interpretation of other statutes, be defined as follows:
552-(1) "Child" means any person under eighteen years of age who has
553-not been legally emancipated, except that (A) for purposes of
554-delinquency matters and proceedings, "child" means any person who (i)
555-is at least seven years of age at the time of the alleged commission of a
556-delinquent act and who is (I) under eighteen years of age and has not
557-been legally emancipated, or (II) eighteen years of age or older and
558-committed a delinquent act prior to attaining eighteen years of age, or
559-(ii) is subsequent to attaining eighteen years of age, (I) violates any order
560-of the Superior Court or any condition of probation ordered by the
561-Superior Court with respect to a delinquency proceeding, or (II) wilfully
562-fails to appear in response to a summons under section 46b-133 or at any
563-other court hearing in a delinquency proceeding of which the child had
564-notice, and (B) for purposes of family with service needs matters and
565-proceedings, child means a person who is at least seven years of age and
566-is under eighteen years of age;
567-(2) (A) A child may be adjudicated as "delinquent" who has, while
568-under sixteen years of age, (i) violated any federal or state law, except a
569-first or second offense under subdivision (1) of subsection (b) of section
570-21a-279a, or except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223
571-or 53a-223a, or violated a municipal or local ordinance, except an
572-ordinance regulating behavior of a child in a family with service needs,
573-(ii) wilfully failed to appear in response to a summons under section
574-46b-133 or at any other court hearing in a delinquency proceeding of
575-which the child had notice, (iii) violated any order of the Superior Court Senate Bill No. 1201
576-
577-June Sp. Sess., Public Act No. 21-1 19 of 303
578-
579-in a delinquency proceeding, except as provided in section 46b-148, or
580-(iv) violated conditions of probation supervision or probation
581-supervision with residential placement in a delinquency proceeding as
582-ordered by the court;
583-(B) A child may be adjudicated as "delinquent" who has (i) while
584-sixteen or seventeen years of age, violated any federal or state law, other
585-than (I) an infraction, [except an infraction under subsection (d) of
586-section 21a-267,] (II) a violation, [except a violation under subsection (a)
587-of section 21a-279a,] (III) a motor vehicle offense or violation under title
588-14, (IV) a violation of a municipal or local ordinance, [or] (V) a violation
589-of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-
590-223a, or (VI) a first or second offense under subdivision (1) of subsection
591-(b) of section 21a-279a, (ii) while sixteen years of age or older, wilfully
592-failed to appear in response to a summons under section 46b-133 or at
593-any other court hearing in a delinquency proceeding of which the child
594-had notice, (iii) while sixteen years of age or older, violated any order of
595-the Superior Court in a delinquency proceeding, except as provided in
596-section 46b-148, or (iv) while sixteen years of age or older, violated
597-conditions of probation supervision or probation supervision with
598-residential placement in a delinquency proceeding as ordered by the
599-court;
600-(3) "Family with service needs" means a family that includes a child
601-who is at least seven years of age and is under eighteen years of age
602-who, according to a petition lawfully filed on or before June 30, 2020,
603-(A) has without just cause run away from the parental home or other
604-properly authorized and lawful place of abode, (B) is beyond the control
605-of the child's parent, parents, guardian or other custodian, (C) has
606-engaged in indecent or immoral conduct, or (D) is thirteen years of age
607-or older and has engaged in sexual intercourse with another person and
608-such other person is thirteen years of age or older and not more than
609-two years older or younger than such child; Senate Bill No. 1201
610-
611-June Sp. Sess., Public Act No. 21-1 20 of 303
612-
613-(4) A child may be found "neglected" who, for reasons other than
614-being impoverished, (A) has been abandoned, (B) is being denied
615-proper care and attention, physically, educationally, emotionally or
616-morally, or (C) is being permitted to live under conditions,
617-circumstances or associations injurious to the well-being of the child;
618-(5) A child may be found "abused" who (A) has been inflicted with
619-physical injury or injuries other than by accidental means, (B) has
620-injuries that are at variance with the history given of them, or (C) is in a
621-condition that is the result of maltreatment, including, but not limited
622-to, malnutrition, sexual molestation or exploitation, deprivation of
623-necessities, emotional maltreatment or cruel punishment;
624-(6) A child may be found "uncared for" (A) who is homeless, (B)
625-whose home cannot provide the specialized care that the physical,
626-emotional or mental condition of the child requires, or (C) who has been
627-identified as a victim of trafficking, as defined in section 46a-170. For the
628-purposes of this section, the treatment of any child by an accredited
629-Christian Science practitioner, in lieu of treatment by a licensed
630-practitioner of the healing arts, shall not of itself constitute neglect or
631-maltreatment;
632-(7) "Delinquent act" means (A) the violation by a child under the age
633-of sixteen of any federal or state law, except a first or second offense
634-under subdivision (1) of subsection (b) of section 21a-279a, the violation
635-of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the
636-violation of a municipal or local ordinance, except an ordinance
637-regulating behavior of a child in a family with service needs, (B) the
638-violation by a child sixteen or seventeen years of age of any federal or
639-state law, other than (i) an infraction, [except an infraction under
640-subsection (d) of section 21a-267,] (ii) a violation, [except a violation
641-under subsection (a) of section 21a-279a,] (iii) a motor vehicle offense or
642-violation under title 14, (iv) the violation of a municipal or local
643-ordinance, [or] (v) the violation of section 51-164r, 53a-172, 53a-173, 53a- Senate Bill No. 1201
644-
645-June Sp. Sess., Public Act No. 21-1 21 of 303
646-
647-222, 53a-222a, 53a-223 or 53a-223a, or (vi) a first or second offense under
648-subdivision (1) of subsection (b) of section 21a-279a, (C) the wilful
649-failure of a child, including a child who has attained the age of eighteen,
650-to appear in response to a summons under section 46b-133 or at any
651-other court hearing in a delinquency proceeding of which the child has
652-notice, (D) the violation of any order of the Superior Court in a
653-delinquency proceeding by a child, including a child who has attained
654-the age of eighteen, except as provided in section 46b-148, or (E) the
655-violation of conditions of probation supervision or probation
656-supervision with residential placement in a delinquency proceeding by
657-a child, including a child who has attained the age of eighteen, as
658-ordered by the court;
659-(8) "Serious juvenile offense" means (A) the violation of, including
660-attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34,
661-29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53-
662-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive,
663-53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71,
664-inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-
665-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive,
666-subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of
667-subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or
668-53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211,
669-53a-212, 53a-216 or 53a-217b, or (B) absconding, escaping or running
670-away, without just cause, from any secure residential facility in which
671-the child has been placed by the court as a delinquent child;
672-(9) "Serious juvenile offender" means any child adjudicated as
673-delinquent for the commission of a serious juvenile offense;
674-(10) "Serious juvenile repeat offender" means any child charged with
675-the commission of any felony if such child has previously been
676-adjudicated as delinquent or otherwise adjudicated at any age for two
677-violations of any provision of title 21a, 29, 53 or 53a that is designated as Senate Bill No. 1201
678-
679-June Sp. Sess., Public Act No. 21-1 22 of 303
680-
681-a felony;
682-(11) "Alcohol-dependent" means a psychoactive substance
683-dependence on alcohol as that condition is defined in the most recent
684-edition of the American Psychiatric Association's "Diagnostic and
685-Statistical Manual of Mental Disorders";
686-(12) "Drug-dependent" means a psychoactive substance dependence
687-on drugs as that condition is defined in the most recent edition of the
688-American Psychiatric Association's "Diagnostic and Statistical Manual
689-of Mental Disorders". No child shall be classified as drug-dependent
690-who is dependent (A) upon a morphine-type substance as an incident
691-to current medical treatment of a demonstrable physical disorder other
692-than drug dependence, or (B) upon amphetamine-type, ataractic,
693-barbiturate-type, hallucinogenic or other stimulant and depressant
694-substances as an incident to current medical treatment of a
695-demonstrable physical or psychological disorder, or both, other than
696-drug dependence;
697-(13) "Pre-dispositional study" means a comprehensive written report
698-prepared by a juvenile probation officer pursuant to section 46b-134
699-regarding the child's social, medical, mental health, educational, risks
700-and needs, and family history, as well as the events surrounding the
701-offense to present a supported recommendation to the court;
702-(14) "Probation supervision" means a legal status whereby a juvenile
703-who has been adjudicated delinquent is placed by the court under the
704-supervision of juvenile probation for a specified period of time and
705-upon such terms as the court determines;
706-(15) "Probation supervision with residential placement" means a legal
707-status whereby a juvenile who has been adjudicated delinquent is
708-placed by the court under the supervision of juvenile probation for a
709-specified period of time, upon such terms as the court determines, that Senate Bill No. 1201
710-
711-June Sp. Sess., Public Act No. 21-1 23 of 303
712-
713-include a period of placement in a secure or staff-secure residential
714-treatment facility, as ordered by the court, and a period of supervision
715-in the community;
716-(16) "Risk and needs assessment" means a standardized tool that (A)
717-assists juvenile probation officers in collecting and synthesizing
718-information about a child to estimate the child's risk of recidivating and
719-identify other factors that, if treated and changed, can reduce the child's
720-likelihood of reoffending, and (B) provides a guide for intervention
721-planning;
722-(17) "Secure-residential facility" means a hardware-secured
723-residential facility that includes direct staff supervision, surveillance
724-enhancements and physical barriers that allow for close supervision and
725-controlled movement in a treatment setting; and
726-(18) "Staff-secure residential facility" means a residential facility that
727-provides residential treatment for children in a structured setting where
728-the children are monitored by staff.
729-Sec. 6. Subsection (b) of section 51-164n of the general statutes is
730-repealed and the following is substituted in lieu thereof (Effective July 1,
731-2021):
732-(b) Notwithstanding any provision of the general statutes, any person
733-who is alleged to have committed (1) a violation under the provisions of
734-section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-
735-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-
736-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4)
737-of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-
738-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115,
739-13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-
740-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292,
741-13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection Senate Bill No. 1201
742-
743-June Sp. Sess., Public Act No. 21-1 24 of 303
744-
745-(a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section
746-14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a,
747-subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58,
748-subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g)
749-of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b,
750-14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first
751-violation as specified in subsection (f) of section 14-164i, section 14-219
752-as specified in subsection (e) of said section, subdivision (1) of section
753-14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-
754-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or
755-14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-
756-296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or
757-14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-
758-33, subdivision (1) of section 15-97, subsection (a) of section 15-115,
759-section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section
760-16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-
761-131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section
762-19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-
763-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-
764-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-
765-231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 20-
766-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48,
767-21-63 or 21-76a, subsection (c) of section 21a-2, subdivision (1) of section
768-21a-19, section 21a-21, subdivision (1) of subsection (b) of section 21a-
769-25, section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-
770-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-
771-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159,
772-subsection [(a)] (c), (d) or (e) of section 21a-279a, section 22-12b, 22-13,
773-22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a,
774-22-39b, 22-39c, 22-39d, 22-39e, 22-49 or 22-54, subsection (d) of section
775-22-84, section 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-167, 22-279,
776-22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b), (e)
777-or (f) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22- Senate Bill No. 1201
778-
779-June Sp. Sess., Public Act No. 21-1 25 of 303
780-
781-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e)
782-of section 22a-256h, section 22a-363 or 22a-381d, subsections (c) and (d)
783-of section 22a-381e, section 22a-449, 22a-461, 23-38, 23-46 or 23-61b,
784-subsection (a) or subdivision (1) of subsection (c) of section 23-65, section
785-25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 25-135, 26-
786-18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-
787-58 or 26-59, subdivision (1) of subsection (d) of section 26-61, section 26-
788-64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-
789-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-
790-138 or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215,
791-26-217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-
792-230, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-
793-288, 26-294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection
794-(b), (d), (e) or (g) of section 29-161q, section 29-161y or 29-161z,
795-subdivision (1) of section 29-198, section 29-210, 29-243 or 29-277,
796-subsection (c) of section 29-291c, section 29-316, 29-318, 29-381, 30-48a,
797-30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23,
798-31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52,
799-31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-
800-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273,
801-section 31-288, subdivision (1) of section 35-20, section 36a-787, 42-230,
802-45a-283, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section
803-46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16,
804-53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e,
805-53-311a, 53-321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section
806-53-344b, [or] section 53-450, or section 13, 91, 108 or 110 of this act, or (2)
807-a violation under the provisions of chapter 268, or (3) a violation of any
808-regulation adopted in accordance with the provisions of section 12-484,
809-12-487 or 13b-410, or (4) a violation of any ordinance, regulation or
810-bylaw of any town, city or borough, except violations of building codes
811-and the health code, for which the penalty exceeds ninety dollars but
812-does not exceed two hundred fifty dollars, unless such town, city or
813-borough has established a payment and hearing procedure for such Senate Bill No. 1201
814-
815-June Sp. Sess., Public Act No. 21-1 26 of 303
816-
817-violation pursuant to section 7-152c, shall follow the procedures set
818-forth in this section.
819-Sec. 7. (NEW) (Effective July 1, 2021) The provisions of subsections (b)
820-to (e), inclusive, of section 21a-279a of the general statutes, and sections
821-13, 105, 109 and 163 of this act shall not apply to any person (1) who, in
822-good faith, seeks medical assistance for another person who such person
823-reasonably believes is experiencing medical distress from the use of
824-cannabis; (2) for whom another person, in good faith, seeks medical
825-assistance, reasonably believing such person is experiencing medical
826-distress from the use of cannabis; or (3) who reasonably believes he or
827-she is experiencing medical distress from the use of cannabis and, in
828-good faith, seeks medical assistance for himself or herself, if evidence of
829-the possession or control of cannabis in violation of such provisions was
830-obtained as a result of the seeking of such medical assistance. For the
831-purposes of this subsection, "good faith" does not include seeking
832-medical assistance during the course of the execution of an arrest
833-warrant or search warrant or a lawful search.
834-Sec. 8. (NEW) (Effective July 1, 2022) (a) (1) Any person who has been
835-convicted in any court in this state (A) (i) on October 1, 2015, or
836-thereafter, and prior to July 1, 2021, or (ii) prior to January 1, 2000, of a
837-violation of section 21a-279 of the general statutes, for possession of a
838-cannabis-type substance and the amount possessed was less than or
839-equal to four ounces of such substance, (B) prior to July 1, 2021, of a
840-violation of subsection (a) of section 21a-267, for use or possession with
841-intent to use of drug paraphernalia to store, contain or conceal, or to
842-ingest, inhale or otherwise introduce into the human body cannabis, or
843-(C) prior to July 1, 2021, of a violation of subsection (b) of section 21a-
844-277 of the general statutes, for manufacturing, distributing, selling,
845-prescribing, compounding, transporting with the intent to sell or
846-dispense, possessing with the intent to sell or dispense, offering, giving
847-or administering to another person a cannabis-type substance and the Senate Bill No. 1201
848-
849-June Sp. Sess., Public Act No. 21-1 27 of 303
850-
851-amount involved was less than or equal to four ounces or six plants
852-grown inside such person's own primary residence for personal use may
853-file a petition with the Superior Court at the location in which such
854-conviction was effected, or with the Superior Court at the location
855-having custody of the records of such conviction or if such conviction
856-was in the Court of Common Pleas, Circuit Court, municipal court or by
857-a trial justice, in the Superior Court where venue would currently exist
858-for criminal prosecution, for an order of erasure.
859-(2) As part of such petition, such person shall include a copy of the
860-arrest record or an affidavit supporting such person's petition that, in
861-the case of a violation of section 21a-279 of the general statutes, such
862-person possessed four ounces or less of a cannabis-type substance for
863-which such person was convicted, in the case of a violation of subsection
864-(a) of section 21a-267 of the general statutes, such person used or
865-possessed with intent to use such drug paraphernalia only to store,
866-contain or conceal, or to ingest, inhale or otherwise introduce into the
867-human body cannabis or in the case of a violation of subsection (b) of
868-section 21a-277 of the general statutes, such person manufactured,
869-distributed, sold, prescribed, compounded, transported with the intent
870-to sell or dispense, possessed with the intent to sell or dispense, offered,
871-gave or administered to another person less than or equal to four ounces
872-of a cannabis-type substance or six cannabis plants grown inside such
873-person's own primary residence for personal use.
874-(3) If such petition is in order, the Superior Court shall direct all police
875-and court records and records of the state's or prosecuting attorney
876-pertaining to such offense to be erased pursuant to the provisions of
877-section 54-142a of the general statutes.
878-(4) No fee may be charged in any court with respect to any petition
879-under this subsection.
880-(b) The provisions of this section shall not apply to any police or court Senate Bill No. 1201
881-
882-June Sp. Sess., Public Act No. 21-1 28 of 303
883-
884-records or records of the state's or prosecuting attorney pertaining to
885-such offense (1) while the criminal case is pending, or (2) in instances
886-where the case contains more than one count, until the records
887-pertaining to all counts are entitled to erasure, except that when the
888-criminal case is disposed of, electronic records or portions of electronic
889-records released to the public that reference a charge that would
890-otherwise be entitled to erasure under this section shall be erased in
891-accordance with the provisions of this section.
892-(c) For the purposes of this section, "court records" shall not include
893-a record or transcript of the proceedings made or prepared by an official
894-court reporter, court recording monitor or any other entity designated
895-by the Chief Court Administrator.
896-Sec. 9. (NEW) (Effective January 1, 2023) (a) Whenever on or after
897-January 1, 2000, but prior to October 1, 2015, any person has been
898-convicted in any court of this state of possession under subsection (c) of
899-section 21a-279 of the general statutes, all police and court records and
900-records of the state's or prosecuting attorney pertaining to such a
901-conviction in any court of this state shall be, pursuant to the provisions
902-of section 54-142a of the general statutes, (1) erased, if such records are
903-electronic records; or (2) deemed erased by operation of law, if such
904-records are not electronic records.
905-(b) The provisions of this section shall not apply to any police or court
906-records or the records of any state's attorney or prosecuting attorney
907-with respect to any record referencing more than one count unless and
908-until all counts are entitled to erasure in accordance with the provisions
909-of this section, except that electronic records or portions of electronic
910-records released to the public that reference a charge that would
911-otherwise be entitled to erasure under this section shall be erased in
912-accordance with the provisions of this section.
913-(c) Nothing in this section shall limit any other procedure for erasure Senate Bill No. 1201
914-
915-June Sp. Sess., Public Act No. 21-1 29 of 303
916-
917-of criminal history record information, as defined in section 54-142g of
918-the general statutes, or prohibit a person from participating in any such
919-procedure, even if such person's electronic criminal history record
920-information has been erased pursuant to this section.
921-(d) For the purposes of this section, "electronic record" means any
922-police or court record or record of any state's attorney or prosecuting
923-attorney that is an electronic record, as defined in section 1-267 of the
924-general statutes, other than a scanned copy of a physical document.
925-(e) For the purposes of this section, "court records" shall not include
926-a record or transcript of the proceedings made or prepared by an official
927-court reporter, court recording monitor or any other entity designated
928-by the Chief Court Administrator.
929-(f) Nothing in this section shall be construed to require the partial
930-redaction of physical documents or scanned copies of such documents
931-held internally by any criminal justice agency.
932-(g) Nothing in this section shall be construed to require the
933-Department of Motor Vehicles to erase criminal history record
934-information on an operator's driving record. When applicable, the
935-Department of Motor Vehicles shall make such criminal history record
936-information available through the Commercial Driver's License
937-Information System.
938-(h) A person whose records have been erased pursuant to this section
939-may represent to any entity other than a criminal justice agency that
940-they have not been arrested or convicted for the purposes of any such
941-conviction for which such records have been erased.
942-Sec. 10. Section 54-142e of the general statutes is repealed and the
943-following is substituted in lieu thereof (Effective January 1, 2023):
944-(a) Notwithstanding the provisions of subsection (e) of section 54- Senate Bill No. 1201
945-
946-June Sp. Sess., Public Act No. 21-1 30 of 303
947-
948-142a and section 54-142c, with respect to any person, including, but not
949-limited to, a consumer reporting agency as defined in subsection (i) of
950-section 31-51i, or a background screening provider or similar data-based
951-service or company, that purchases criminal matters of public record, as
952-defined in said subsection (i), from the Judicial Department or any
953-criminal justice agency pursuant to subsection (b) of section 54-142g, the
954-department shall make available to such person information concerning
955-such criminal matters of public record that have been erased pursuant
956-to section 54-142a. Such information may include docket numbers or
957-other information that permits the person to identify and permanently
958-delete records that have been erased pursuant to section 54-142a.
959-(b) Each person, including, but not limited to, a consumer reporting
960-agency or background screening provider or similar data-based service
961-or company, that has purchased records of criminal matters of public
962-record from the Judicial Department or any criminal justice agency
963-shall, prior to disclosing such records, (1) purchase from the Judicial
964-Department or such criminal justice agency, on a monthly basis or on
965-such other schedule as the Judicial Department or such criminal justice
966-agency may establish, any updated criminal matters of public record or
967-information available for the purpose of complying with this section,
968-and (2) update its records of criminal matters of public record to
969-permanently delete such erased records not later than thirty calendar
970-days after receipt of information on the erasure of criminal records
971-pursuant to section 54-142a. Such person shall not further disclose such
972-erased records.
973-Sec. 11. (NEW) (Effective July 1, 2021) Notwithstanding any provision
974-of the general statutes, no cannabis establishment, employee, or backer
975-of a cannabis establishment may be subject to arrest or prosecution,
976-penalized in any manner, including, but not limited to, being subject to
977-any civil penalty, or denied any right or privilege, including, but not
978-limited to, being subject to any disciplinary action by a professional Senate Bill No. 1201
979-
980-June Sp. Sess., Public Act No. 21-1 31 of 303
981-
982-licensing board, for the acquisition, distribution, possession, use or
983-transportation of cannabis or paraphernalia related to cannabis in his or
984-her capacity as a cannabis establishment, cannabis employee, or backer
985-so long as such person's activity is in accordance with the laws and
986-regulations for such person's license or registration type set forth in
987-RERACA.
988-Sec. 12. (NEW) (Effective July 1, 2021) Except when required by federal
989-law, an agreement between the federal government and the state, or
990-because of a substantial risk to public health or safety, no state entity
991-shall deny a professional license because of an individual's: (1)
992-Employment or affiliation with a cannabis establishment; (2) possession
993-or use of cannabis that is legal under section 21a-279a of the general
994-statutes, or chapter 420f of the general statutes; or (3) cannabis use or
995-possession conviction for an amount less than four ounces.
996-Sec. 13. (NEW) (Effective July 1, 2021) (a) No person may manufacture,
997-distribute, sell, prescribe, dispense, compound, transport with the intent
998-to sell or dispense, possess with the intent to sell or dispense, offer, give
999-or administer to another person cannabis or cannabis products, except
1000-as authorized in chapter 420b or 420f of the general statutes or sections
1001-41 to 49, inclusive, of this act.
1002-(b) (1) Except as provided in subsection (c) or (d) of this section, any
1003-person eighteen years of age or older who violates subsection (a) of this
1004-section (A) for a first offense, shall be guilty of a class B misdemeanor,
1005-and (B) for any subsequent offense, shall be guilty of a class A
1006-misdemeanor.
1007-(2) Any person under eighteen years of age who violates subsection
1008-(a) of this section shall be adjudicated delinquent pursuant to the
1009-provisions of section 46b-120 of the general statutes.
1010-(c) Any person eighteen years of age or older who violates subsection Senate Bill No. 1201
1011-
1012-June Sp. Sess., Public Act No. 21-1 32 of 303
1013-
1014-(a) of this section by manufacturing, distributing, selling, prescribing,
1015-compounding, transporting with the intent to sell or dispense,
1016-possessing with the intent to sell or dispense, offering, giving or
1017-administering to another person less than eight ounces of cannabis plant
1018-material, as defined in section 21a-279a of the general statutes, or an
1019-equivalent amount of cannabis products or a combination of cannabis
1020-and cannabis products, as provided in subsection (i) of section 21a-279a
1021-of the general statutes, (1) for a first offense, shall be fined not more than
1022-five hundred dollars, and (2) for any subsequent offense, shall be guilty
1023-of a class C misdemeanor.
1024-(d) Any person eighteen years of age or older who before July 1, 2023,
1025-violates subsection (a) of this section by growing up to three mature
1026-cannabis plants and three immature cannabis plants in such person's
1027-own residence for personal use (1) for a first offense, shall be issued a
1028-written warning, (2) for a second offense, shall be fined not more than
1029-five hundred dollars, and (3) for any subsequent offense, shall be guilty
1030-of a class D misdemeanor. If evidence of a violation of this subsection is
1031-found in the course of any law enforcement activity other than
1032-investigation of a violation of this subsection or section 21a-278 or 21a-
1033-279a of the general statutes, such evidence shall not be admissible in any
1034-criminal proceeding.
1035-Sec. 14. (NEW) (Effective July 1, 2021) Any consumer may give
1036-cannabis to another consumer, without compensation or consideration,
1037-provided such consumer reasonably believes such other consumer may
1038-possess such cannabis without exceeding the possession limit pursuant
1039-to subsection (a) of section 21a-279a of the general statutes.
1040-Sec. 15. Subsection (b) of section 21a-277 of the general statutes is
1041-repealed and the following is substituted in lieu thereof (Effective July 1,
1042-2021):
1043-(b) (1) No person may manufacture, distribute, sell, prescribe, Senate Bill No. 1201
1044-
1045-June Sp. Sess., Public Act No. 21-1 33 of 303
1046-
1047-dispense, compound, transport with the intent to sell or dispense,
1048-possess with the intent to sell or dispense, offer, give or administer to
1049-another person, except as authorized in this chapter or chapter 420f, any
1050-controlled substance other than [a] (A) a narcotic substance, or (B) a
1051-hallucinogenic substance, or (C) cannabis.
1052-(2) Any person who violates subdivision (1) of this subsection (A) for
1053-a first offense, may be fined not more than twenty-five thousand dollars
1054-or imprisoned not more than seven years, or be both fined and
1055-imprisoned, and (B) for any subsequent offense, may be fined not more
1056-than one hundred thousand dollars or imprisoned not more than fifteen
1057-years, or be both fined and imprisoned.
1058-(3) For purposes of this subsection, "cannabis" has the same meaning
1059-as provided in section 1 of this act.
1060-Sec. 16. (NEW) (Effective July 1, 2021) (a) Except as provided in
1061-subsection (b) of this section, use or possession of cannabis by a person
1062-that does not violate section 21a-279a of the general statutes, or chapter
1063-420f of the general statutes shall not be grounds for revocation of such
1064-person's parole, special parole or probation.
1065-(b) If a person's conditions of parole, special parole or probation
1066-include a finding that use of cannabis would pose a danger to such
1067-person or to the public and a condition that such person not use
1068-cannabis and individualized reasons supporting such finding, use of
1069-cannabis may be grounds for revocation of parole, special parole or
1070-probation. Such finding shall not consider any prior arrests or
1071-convictions for use or possession of cannabis.
1072-Sec. 17. Subsection (c) of section 54-63d of the general statutes is
1073-repealed and the following is substituted in lieu thereof (Effective July 1,
1074-2021):
1075-(c) In addition to or in conjunction with any of the conditions Senate Bill No. 1201
1076-
1077-June Sp. Sess., Public Act No. 21-1 34 of 303
1078-
1079-enumerated in subdivisions (1) to (4), inclusive, of subsection (a) of this
1080-section, the bail commissioner or intake, assessment and referral
1081-specialist may impose nonfinancial conditions of release, which may
1082-require that the arrested person do any of the following: (1) Remain
1083-under the supervision of a designated person or organization; (2)
1084-comply with specified restrictions on the person's travel, association or
1085-place of abode; (3) not engage in specified activities, including the use
1086-or possession of a dangerous weapon, or the unlawful use or possession
1087-of an intoxicant or controlled substance; (4) not use classes of intoxicants
1088-or controlled substances, if such bail commissioner makes a finding that
1089-use of such classes of intoxicants or controlled substances would pose a
1090-danger to the arrested person or to the public and includes
1091-individualized reasons supporting such finding. Such finding shall not
1092-consider any prior arrests or convictions for use or possession of
1093-cannabis; (5) avoid all contact with an alleged victim of the crime and
1094-with a potential witness who may testify concerning the offense; or [(5)]
1095-(6) satisfy any other condition that is reasonably necessary to ensure the
1096-appearance of the person in court. Any of the conditions imposed under
1097-subsection (a) of this section and this subsection by the bail
1098-commissioner or intake, assessment and referral specialist shall be
1099-effective until the appearance of such person in court.
1100-Sec. 18. (NEW) (Effective July 1, 2021) (a) Except as provided in
1101-subsection (c) of this section, the existence of any of the following
1102-circumstances shall not constitute in part or in whole probable cause or
1103-reasonable suspicion and shall not be used as a basis to support any stop
1104-or search of a person or motor vehicle:
1105-(1) The odor of cannabis or burnt cannabis;
1106-(2) The possession of or the suspicion of possession of cannabis
1107-without evidence that the quantity of cannabis is or suspected to be in
1108-excess of five ounces of cannabis plant material, as defined in section
1109-21a-279a of the general statutes, or an equivalent amount of cannabis Senate Bill No. 1201
1110-
1111-June Sp. Sess., Public Act No. 21-1 35 of 303
1112-
1113-products or a combination of cannabis and cannabis products, as
1114-provided in subsection (i) of section 21a-279a of the general statutes; or
1115-(3) The presence of cash or currency in proximity to cannabis without
1116-evidence that such cash or currency exceeds five hundred dollars.
1117-(b) Any evidence discovered as a result of any stop or search
1118-conducted in violation of this section shall not be admissible in evidence
1119-in any trial, hearing or other proceeding in a court of this state.
1120-(c) A law enforcement official may conduct a test for impairment
1121-based on the odor of cannabis or burnt cannabis if such official
1122-reasonably suspects the operator or a passenger of a motor vehicle of
1123-violating section 14-227, 14-227a, 14-227m or 14-227n of the general
1124-statutes.
1125-Sec. 19. Subsection (d) of section 10-221 of the general statutes is
1126-repealed and the following is substituted in lieu thereof (Effective October
1127-1, 2021):
1128-(d) Not later than July 1, 1991, each local and regional board of
1129-education shall develop, adopt and implement policies and procedures
1130-in conformity with section 10-154a for (1) dealing with the use, sale or
1131-possession of alcohol or controlled drugs, as defined in subdivision (8)
1132-of section 21a-240, by public school students on school property,
1133-including a process for coordination with, and referral of such students
1134-to, appropriate agencies, and (2) cooperating with law enforcement
1135-officials. On and after January 1, 2022, no such policies and procedures
1136-shall result in a student facing greater discipline, punishment or
1137-sanction for use, sale or possession of cannabis than a student would
1138-face for the use, sale or possession of alcohol.
1139-Sec. 20. (NEW) (Effective October 1, 2021) Any person who provides
1140-cannabis, as defined in section 1 of this act, to a domesticated animal,
1141-shall be guilty of a class C misdemeanor. Senate Bill No. 1201
1142-
1143-June Sp. Sess., Public Act No. 21-1 36 of 303
1144-
1145-Sec. 21. (NEW) (Effective July 1, 2021) (a) Except as provided in
1146-RERACA and chapter 420b or 420f of the general statutes, (1) no person,
1147-other than a retailer, hybrid retailer, micro-cultivator or delivery service,
1148-or an employee thereof in the course of his or her employment, may sell
1149-or offer cannabis to a consumer, and (2) no person, other than a hybrid
1150-retailer, dispensary facility or a delivery service, or an employee thereof
1151-in the course of his or her employment, may sell or offer cannabis to
1152-qualifying patients and caregivers.
1153-(b) No person except a delivery service, or an employee thereof,
1154-subject to the restrictions set forth in section 47 of this act, in the course
1155-of his or her employment may deliver cannabis to consumers, patients
1156-or caregivers except that retailers, hybrid retailers, micro-cultivators and
1157-dispensary facilities may utilize their own employees to deliver
1158-cannabis to the same individuals they may sell to pursuant to subsection
1159-(a) of this section until thirty days after the date the first five delivery
1160-service licensees have commenced public operation, which date shall be
1161-published by the commissioner on the department's Internet web site,
1162-and thereafter all delivery to consumers, patients or caregivers shall be
1163-done through a delivery service licensee.
1164-Sec. 22. (NEW) (Effective from passage) (a) There is established a Social
1165-Equity Council, which shall be within the Department of Economic and
1166-Community Development for administrative purposes only.
1167-(b) The council shall consist of fifteen members as follows:
1168-(1) One appointed by the speaker of the House of Representatives,
1169-who has a professional background of not less than five years working
1170-in the field of either social justice or civil rights;
1171-(2) One appointed by the president pro tempore of the Senate, who
1172-has a professional background of not less than five years working in the
1173-field of either social justice or civil rights; Senate Bill No. 1201
1174-
1175-June Sp. Sess., Public Act No. 21-1 37 of 303
1176-
1177-(3) One appointed by the majority leader of the House of
1178-Representatives, who has a professional background of not less than five
1179-years working in the field of economic development to help minority-
1180-owned businesses;
1181-(4) One appointed by the majority leader of the Senate, who has a
1182-professional background of not less than five years in providing access
1183-to capital to minorities, as defined in section 32-9n of the general
1184-statutes;
1185-(5) One appointed by the minority leader of the House of
1186-Representatives, who is from a community that has been
1187-disproportionately harmed by cannabis prohibition and enforcement;
1188-(6) One appointed by the minority leader of the Senate, who has a
1189-professional background of not less than five years in providing access
1190-to capital to minorities, as defined in section 32-9n of the general
1191-statutes;
1192-(7) One appointed by the chairperson of the Black and Puerto Rican
1193-Caucus of the General Assembly;
1194-(8) Four appointed by the Governor, one who is from a community
1195-that has been disproportionately harmed by cannabis prohibition and
1196-enforcement, one who has a professional background of not less than
1197-five years working in the field of economic development and one who
1198-is an executive branch official focused on workforce development;
1199-(9) The Commissioner of Consumer Protection, or the commissioner's
1200-designee;
1201-(10) The Commissioner of Economic and Community Development,
1202-or the commissioner's designee;
1203-(11) The State Treasurer, or the State Treasurer's designee; and Senate Bill No. 1201
1204-
1205-June Sp. Sess., Public Act No. 21-1 38 of 303
1206-
1207-(12) The Secretary of the Office of Policy and Management, or the
1208-secretary's designee.
1209-(c) In making the appointments in subsection (b) of this section, the
1210-appointing authority shall use best efforts to make appointments that
1211-reflect the racial, gender and geographic diversity of the population of
1212-the state. All appointments shall be made not later than thirty days after
1213-the effective date of this section and the Governor shall appoint the
1214-chairperson of the council from among the members of the council.
1215-Members appointed by the Governor shall serve a term of four years
1216-from the time of appointment and members appointed by any other
1217-appointing authority shall serve a term of three years from the time of
1218-appointment. The appointing authority shall fill any vacancy for the
1219-unexpired term. The Governor shall appoint an interim executive
1220-director to operationalize and support the council until,
1221-notwithstanding the provisions of section 4-9a of the general statutes,
1222-the council appoints an executive director. Subject to the provisions of
1223-chapter 67 of the general statutes, and within available appropriations,
1224-the council may thereafter appoint an executive director and such other
1225-employees as may be necessary for the discharge of the duties of the
1226-council.
1227-(d) A majority of the members of the council shall constitute a
1228-quorum for the transaction of any business. The members of the council
1229-shall serve without compensation, but shall, within available
1230-appropriations, be reimbursed for expenses necessarily incurred in the
1231-performance of their duties.
1232-(e) The council may (1) request, and shall receive, from any state
1233-agency such information and assistance as the council may require; (2)
1234-use such funds as may be available from federal, state or other sources
1235-and may enter into contracts to carry out the purposes of the council,
1236-including, but not limited to, contracts or agreements with Connecticut
1237-Innovations, Incorporated, constituent units of the state system of Senate Bill No. 1201
1238-
1239-June Sp. Sess., Public Act No. 21-1 39 of 303
1240-
1241-higher education, regional workforce development boards and
1242-community development financial institutions; (3) utilize voluntary and
1243-uncompensated services of private individuals, state or federal agencies
1244-and organizations as may, from time to time, be offered and needed; (4)
1245-accept any gift, donation or bequest for the purpose of performing the
1246-duties of the council; (5) hold public hearings; (6) establish such
1247-standing committees, as necessary, to perform the duties of the council;
1248-and (7) adopt regulations, in accordance with chapter 54 of the general
1249-statutes, as it may deem necessary to carry out the duties of the council.
1250-(f) The council shall promote and encourage full participation in the
1251-cannabis industry by persons from communities that have been
1252-disproportionately harmed by cannabis prohibition and enforcement.
1253-(g) Not later than forty-five days after the effective date of this
1254-section, or at a later date determined by the council, the council shall
1255-establish criteria for proposals to conduct a study under this section and
1256-the Secretary of the Office of Policy and Management shall post on the
1257-State Contracting Portal a request for proposals to conduct a study, and
1258-shall select an independent third party to conduct such study and
1259-provide detailed findings of fact regarding the following matters in the
1260-state or other matters determined by the council:
1261-(1) Historical and present-day social, economic and familial
1262-consequences of cannabis prohibition, the criminalization and
1263-stigmatization of cannabis use and related public policies;
1264-(2) Historical and present-day structures, patterns, causes and
1265-consequences of intentional and unintentional racial discrimination and
1266-racial disparities in the development, application and enforcement of
1267-cannabis prohibition and related public policies;
1268-(3) Foreseeable long-term social, economic and familial consequences
1269-of unremedied past racial discrimination and disparities arising from Senate Bill No. 1201
1270-
1271-June Sp. Sess., Public Act No. 21-1 40 of 303
1272-
1273-past and continued cannabis prohibition, stigmatization and
1274-criminalization;
1275-(4) Existing patterns of racial discrimination and racial disparities in
1276-access to entrepreneurship, employment and other economic benefits
1277-arising in the lawful palliative use cannabis sector as established
1278-pursuant to chapter 420f of the general statutes; and
1279-(5) Any other matters that the council deems relevant and feasible for
1280-study for the purpose of making reasonable and practical
1281-recommendations for the establishment of an equitable and lawful
1282-adult-use cannabis business sector in this state.
1283-(h) Not later than January 1, 2022, the council shall, taking into
1284-account the results of the study conducted in accordance with
1285-subsection (g) of this section, make written recommendations, in
1286-accordance with the provisions of section 11-4a of the general statutes,
1287-to the Governor and the joint standing committees of the General
1288-Assembly having cognizance of matters relating to finance, revenue and
1289-bonding, consumer protection and the judiciary regarding legislation to
1290-implement the provisions of this section. The council shall make
1291-recommendations regarding:
1292-(1) Creating programs to ensure that individuals from communities
1293-that have been disproportionately harmed by cannabis prohibition and
1294-enforcement are provided equal access to licenses for cannabis
1295-establishments;
1296-(2) Specifying additional qualifications for social equity applicants;
1297-(3) Providing for expedited or priority license processing for each
1298-license as a retailer, hybrid retailer, cultivator, micro-cultivator, product
1299-manufacturer, food and beverage manufacturer, product packager,
1300-transporter and delivery service license for social equity applicants; Senate Bill No. 1201
1301-
1302-June Sp. Sess., Public Act No. 21-1 41 of 303
1303-
1304-(4) Establishing minimum criteria for any cannabis establishment
1305-licensed on or after January 1, 2022, that is not owned by a social equity
1306-applicant, to comply with an approved workforce development plan to
1307-reinvest or provide employment and training opportunities for
1308-individuals in disproportionately impacted areas;
1309-(5) Establishing criteria for a social equity plan for any cannabis
1310-establishment licensed on or after January 1, 2022, to further the
1311-principles of equity, as defined in section 1 of this act;
1312-(6) Recruiting individuals from communities that have been
1313-disproportionately harmed by cannabis prohibition and enforcement to
1314-enroll in the workforce training program established pursuant to section
1315-39 of this act;
1316-(7) Potential uses for revenue generated under RERACA to further
1317-equity;
1318-(8) Encouraging participation of investors, cannabis establishments,
1319-and entrepreneurs in the cannabis business accelerator program
1320-established pursuant to section 38 of this act;
1321-(9) Establishing a process to best ensure that social equity applicants
1322-have access to the capital and training needed to own and operate a
1323-cannabis establishment; and
1324-(10) Developing a vendor list of women-owned and minority-owned
1325-businesses that cannabis establishments may contract with for necessary
1326-services, including, but not limited to, office supplies, information
1327-technology infrastructure and cleaning services.
1328-(i) Not later than August 1, 2021, and annually thereafter, the council
1329-shall use the most recent five-year United States Census Bureau
1330-American Community Survey estimates or any successor data to
1331-determine one or more United States census tracts in the state that are a Senate Bill No. 1201
1332-
1333-June Sp. Sess., Public Act No. 21-1 42 of 303
1334-
1335-disproportionately impacted area and shall publish a list of such tracts
1336-on the council's Internet web site.
1337-(j) After developing criteria for workforce development plans as
1338-described in subdivision (4) of subsection (h) of this section, the council
1339-shall review and approve or deny in writing any such plan submitted
1340-by a producer under section 26 of this act or a hybrid-retailer under
1341-section 145 of this act.
1342-(k) The council shall develop criteria for evaluating the ownership
1343-and control of any joint venture created under section 27 or 145 of this
1344-act and shall review and approve or deny in writing such joint venture
1345-prior to such joint venture being licensed under section 27 or 145 of this
1346-act. After developing criteria for social equity plans as described in
1347-subdivision (5) of subsection (h) of this section, the council shall review
1348-and approve or deny in writing any such plan submitted by a cannabis
1349-establishment as part of its final license application.
1350-(l) The Social Equity Council shall, upon receipt of funds from
1351-producers in accordance with subdivision (5) of subsection (b) of section
1352-26 of this act, develop a program to assist social equity applicants to
1353-open not more than two micro-cultivator establishment businesses in
1354-total. Producers shall provide mentorship to such social equity
1355-applicants. The Social Equity Council shall, with the department,
1356-determine a system to select social equity applicants to participate in
1357-such program without participating in a lottery or request for proposals.
1358-Sec. 23. (Effective from passage) Not later than October 1, 2023, the
1359-Social Equity Council established pursuant to section 22 of this act shall
1360-report to the Governor and the joint standing committee of the General
1361-Assembly having cognizance of matters relating to the judiciary, (1) data
1362-on any arrest or conviction for possession, manufacture or sale of
1363-cannabis pursuant to section 21a-279a of the general statutes and section
1364-13 of this act, and (2) a breakdown of such arrests or convictions by Senate Bill No. 1201
1365-
1366-June Sp. Sess., Public Act No. 21-1 43 of 303
1367-
1368-town, race, gender and age.
1369-Sec. 24. (NEW) (Effective July 1, 2021) (a) Any person shall be twenty-
1370-one years of age or older to: (1) Hold any cannabis establishment license
1371-issued pursuant to RERACA; or (2) be a backer or key employee of a
1372-cannabis establishment that is licensed pursuant to RERACA.
1373-(b) Any person shall be eighteen years of age or older to (1) be an
1374-employee of a cannabis establishment that is licensed pursuant to
1375-RERACA; or (2) be employed by a cannabis establishment or a licensee
1376-pursuant to chapter 420f of the general statutes.
1377-(c) All employees of a cannabis establishment shall obtain a
1378-registration and all key employees and backers of a cannabis
1379-establishment shall obtain a license from the department, on a form and
1380-in a manner prescribed by the commissioner, except for (1) delivery
1381-service or transporter employees who do not (A) engage in the
1382-transport, storage or distribution of, or have access to, cannabis, or (B)
1383-engage in security controls or contract management with other cannabis
1384-establishments; (2) product packager employees who do not (A) have
1385-access to cannabis, or (B) engage in physical packaging, security controls
1386-or contract management with other cannabis establishments; and (3)
1387-other employee categories, as determined by the commissioner,
1388-provided under no circumstances shall a key employee be exempt from
1389-the licensure requirements of this section.
1390-Sec. 25. (NEW) (Effective July 1, 2021) (a) No agency or political
1391-subdivision of the state may rely on a violation of federal law related to
1392-cannabis as the sole basis for taking an adverse action against a person,
1393-except for any adverse action taken as required by federal law,
1394-including, but not limited to, the state's disqualification of a commercial
1395-driver's license, commercial learner's permit, commercial motor vehicle
1396-operator's privilege or hazardous materials endorsement for violations
1397-of federal law related to cannabis for which the Federal Motor Carrier Senate Bill No. 1201
1398-
1399-June Sp. Sess., Public Act No. 21-1 44 of 303
1400-
1401-Safety Regulations or the Hazardous Materials Regulations require
1402-disqualification, or for which the Federal Motor Carrier Safety
1403-Administration or the Pipeline and Hazardous Materials Safety
1404-Administration has, based upon such violation, issued a disqualification
1405-order.
1406-(b) It is the public policy of this state that contracts related to the
1407-operation of a cannabis establishment business are enforceable.
1408-(c) It is the public policy of this state that no contract entered into by
1409-a licensed cannabis establishment or its agents as authorized in
1410-accordance with a valid license, or by those who allow property to be
1411-used by a cannabis establishment, its employees, backers or its agents as
1412-authorized in accordance with a valid license, shall be unenforceable on
1413-the basis that cultivating, obtaining, manufacturing, distributing,
1414-dispensing, transporting, selling, possessing or using cannabis is
1415-prohibited by federal law.
1416-(d) No law enforcement officer employed by an agency that receives
1417-state or local government funds shall expend state or local resources,
1418-including the officer's time, to effect any arrest or seizure of cannabis, or
1419-conduct any investigation, on the sole basis of activity the officer
1420-believes to constitute a violation of federal law if the officer has reason
1421-to believe that such activity is in compliance with sections 20 to 65,
1422-inclusive, of this act or chapter 420f of the general statutes.
1423-(e) An officer may not expend state or local resources, including the
1424-officer's time, to provide any information or logistical support to any
1425-federal law enforcement authority or prosecuting entity related to
1426-activity the officer believes to constitute a violation of federal law if the
1427-officer has reason to believe that such activity is in compliance with the
1428-provisions of sections 20 to 65, inclusive, of this act or chapter 420f of the
1429-general statutes. Senate Bill No. 1201
1430-
1431-June Sp. Sess., Public Act No. 21-1 45 of 303
1432-
1433-Sec. 26. (NEW) (Effective July 1, 2021) (a) In addition to activity
1434-permitted under chapter 420f of the general statutes, a producer may
1435-sell, deliver, transfer, transport, manufacture or package cannabis
1436-utilizing a transporter or the producer's own employees, to cannabis
1437-establishments, upon authorization for such expanded activity in
1438-writing by the commissioner, provided a producer may not transport
1439-any cannabis to consumers, patients or caregivers directly or through a
1440-delivery service.
1441-(b) To obtain approval from the commissioner to engage in expanded
1442-activity as described in subsection (a) of this section, a producer shall
1443-submit (1) a complete license expansion application on a form
1444-prescribed by the commissioner, (2) a medical cannabis preservation
1445-plan, to ensure against supply shortages of medical marijuana products,
1446-which shall be approved or denied at the commissioner's discretion, (3)
1447-payment of a conversion fee of three million dollars, provided, if the
1448-producer participates in at least two approved equity joint ventures as
1449-described in section 27 of this act, such fee shall be one million five
1450-hundred thousand dollars, (4) a workforce development plan in
1451-accordance with requirements developed by the Social Equity Council,
1452-that has been reviewed and approved by the Social Equity Council in
1453-accordance with section 22 of this act, and (5) (A) a contribution of five
1454-hundred thousand dollars to the Social Equity Council for the program
1455-established by the council in accordance with subsection (l) of section 22
1456-of this act, or (B) evidence of an agreement with a social equity partner
1457-pursuant to subsection (c) of this section.
1458-(c) Any producer seeking to obtain approval under subsection (b) of
1459-this section may enter into an agreement with a social equity partner to
1460-provide such partner five per cent of the grow space associated with the
1461-expanded activity of the producer, to establish a social equity business.
1462-The producer shall provide to the social equity partner, for a period of
1463-not less than five years, mentorship and all overhead costs that are Senate Bill No. 1201
1464-
1465-June Sp. Sess., Public Act No. 21-1 46 of 303
1466-
1467-necessary to ensure success, as determined by the Social Equity Council
1468-and codified in an agreement between the social equity partner and
1469-producer. The producer shall ensure that the social equity partner
1470-complies with the cannabis cultivation, testing, labeling, tracking,
1471-reporting and manufacturing provisions of RERACA as they apply to
1472-cultivators. The social equity partner shall own, and be entitled to, one
1473-hundred per cent of the profits of the social equity business established
1474-under this subsection. The Social Equity Council may require evidence
1475-of a social equity partnership that includes, but need not be limited to,
1476-evidence of business formation, ownership allocation, terms of
1477-ownership and financing and proof of social equity applicant
1478-involvement. The producer or social equity partner shall submit to the
1479-Social Equity Council information including, but not limited to, the
1480-organizing documents of the entity that outline the ownership stake of
1481-each backer, initial backer investment and payout information to enable
1482-the council to determine the terms of ownership. Prior to submitting the
1483-agreement to the department, the social equity partner and business
1484-agreement shall be approved by the Social Equity Council.
1485-(d) For purposes of this section, "social equity partner" means a
1486-person that is at least sixty-five per cent owned and controlled by an
1487-individual or individuals, or such applicant is an individual, who:
1488-(1) Had an average household income of less than three hundred per
1489-cent of the state median household income over the three tax years
1490-immediately preceding such individual's application; and
1491-(2) (A) Was a resident of a disproportionately impacted area for not
1492-less than five of the ten years immediately preceding the date of such
1493-application; or
1494-(B) Was a resident of a disproportionately impacted area for not less
1495-than nine years prior to attaining the age of eighteen. Senate Bill No. 1201
1496-
1497-June Sp. Sess., Public Act No. 21-1 47 of 303
1498-
1499-Sec. 27. (NEW) (Effective July 1, 2021) (a) In order to pay a reduced
1500-license expansion authorization fee as described in subsection (b) of
1501-section 26 of this act, a producer shall commit to create two equity joint
1502-ventures to be approved by the Social Equity Council under section 22
1503-of this act and licensed by the department under this section.
1504-(b) The equity joint venture shall be in any cannabis establishment
1505-licensed business, other than a cultivator license, provided the social
1506-equity applicant shall own at least fifty per cent of such business.
1507-(c) The producer or social equity applicant of an equity joint venture
1508-shall submit an application to the Social Equity Council that may
1509-include, but need not be limited to, evidence of business formation,
1510-ownership allocation, terms of ownership and financing and proof of
1511-social equity applicant involvement. The producer or social equity
1512-applicant of an equity joint venture shall submit to the Social Equity
1513-Council information including, but not limited to, the organizing
1514-documents of the entity that outline the ownership stake of each backer,
1515-initial backer investment and payout information to enable the council
1516-to determine the terms of ownership.
1517-(d) Upon obtaining the written approval of the Social Equity Council
1518-for an equity joint venture, the producer or social equity applicant of the
1519-equity joint venture shall apply for a license from the department in the
1520-same form as required by all other licensees of the same license type,
1521-except that such application shall not be subject to the lottery.
1522-(e) A producer, including the backer of such producer, shall not
1523-increase its ownership in an equity joint venture in excess of fifty per
1524-cent during the seven-year period after a license is issued by the
1525-department under this section.
1526-(f) Equity joint ventures that share a common producer or producer
1527-backer and that are retailers or hybrid retailers shall not be located Senate Bill No. 1201
1528-
1529-June Sp. Sess., Public Act No. 21-1 48 of 303
1530-
1531-within twenty miles of another commonly owned equity joint venture.
1532-(g) If a producer had paid a reduced conversion fee as described in
1533-subsection (b) of section 26 of this act, and subsequently did not create
1534-two equity joint ventures under this section, the producer shall be liable
1535-for the full conversion fee of three million dollars.
1536-Sec. 28. (NEW) (Effective July 1, 2021) (a) No cannabis retailer or
1537-hybrid retailer shall accept payment or other form of compensation
1538-directly or indirectly from a cultivator, micro-cultivator, producer, food
1539-and beverage manufacturer, product manufacturer or product packager
1540-to carry a cannabis product or for placement or promotion of such
1541-product in a retailer or hybrid retailer's establishment or through other
1542-promotional initiatives. No retailer or hybrid retailer shall enter into a
1543-contract with a cultivator, micro-cultivator, producer, food and
1544-beverage manufacturer, product manufacturer or product packager that
1545-requires or permits preferential treatment, exclusivity or near
1546-exclusivity or limits a retailer or hybrid retailer from purchasing from
1547-other cultivators, micro-cultivators, producers, food and beverage
1548-manufacturers or product manufacturers in any way.
1549-(b) No cannabis establishment shall produce, manufacture or sell
1550-cannabis that is intended for use or consumption by animals.
1551-(c) A retailer or hybrid retailer shall not knowingly sell to a consumer
1552-more than one ounce of cannabis or the equivalent amount of cannabis
1553-products or combination of cannabis and cannabis products, as set forth
1554-in subsection (i) of section 21a-279a of the general statutes, per day,
1555-except that a hybrid retailer or dispensary facility may sell up to five
1556-ounces of cannabis or the equivalent amount of cannabis products or
1557-combination of cannabis and cannabis products to a qualifying patient
1558-or caregiver per day. Notwithstanding the requirements of sections 4-
1559-168 to 4-172, inclusive, of the general statutes, to avoid cannabis supply
1560-shortages or address a public health and safety concern, the Senate Bill No. 1201
1561-
1562-June Sp. Sess., Public Act No. 21-1 49 of 303
1563-
1564-commissioner may set temporary lower per-transaction limits, which
1565-shall be published on the department's Internet web site. Such limits
1566-shall become ineffective upon the commissioner's determination that a
1567-supply shortage or public health and safety concern no longer exists.
1568-(d) No cannabis establishment, except a producer, cultivator or
1569-micro-cultivator, may acquire or possess a live cannabis plant.
1570-(e) No person issued a license or registration pursuant to RERACA
1571-shall (1) assign or transfer such license or registration without the
1572-commissioner's prior approval, or (2) sell, transfer or transport cannabis
1573-to, or obtain cannabis from, a location outside of this state if such activity
1574-would be in violation of federal law.
1575-Sec. 29. (NEW) (Effective July 1, 2021) (a) Each employee of a cannabis
1576-establishment, laboratory or research program, other than a key
1577-employee, shall annually apply for and obtain a registration, on a form
1578-and in a manner prescribed by the commissioner, prior to commencing
1579-employment at the cannabis establishment business.
1580-(b) No person shall act as a backer or key employee, or represent that
1581-such person is a backer or key employee, unless such person has
1582-obtained a license from the department pursuant to this subsection.
1583-Such person shall apply for a license on a form and in a manner
1584-prescribed by the commissioner. Such form may require the applicant
1585-to: (1) Submit to a state and national criminal history records check
1586-conducted in accordance with section 29-17a of the general statutes,
1587-which may include a financial history check if requested by the
1588-commissioner, to determine the character and fitness of the applicant for
1589-the license, (2) provide information sufficient for the department to
1590-assess whether the applicant has an ownership interest in any other
1591-cannabis establishment, cannabis establishment applicant or cannabis-
1592-related business nationally or internationally, (3) provide demographic
1593-information, and (4) obtain such other information as the department Senate Bill No. 1201
1594-
1595-June Sp. Sess., Public Act No. 21-1 50 of 303
1596-
1597-determines is consistent with the requirements of RERACA or chapter
1598-420f of the general statutes. A backer or key employee shall be denied a
1599-license in the event his or her background check reveals a disqualifying
1600-conviction.
1601-(c) Except as provided in subsection (d) of this section, any person
1602-who receives a cannabis establishment license, backer or key employee
1603-license or employee registration issued pursuant to subsection (a) of this
1604-section shall notify the department, in writing, of any changes to the
1605-information supplied on the application for such license or registration
1606-not later than five business days after such change.
1607-(d) Any person who receives a cannabis establishment license or
1608-backer or key employee license shall notify the department, in a manner
1609-prescribed by the department, of any arrest or conviction of such person
1610-for an offense that would constitute a disqualifying conviction, as
1611-defined in section 1 of this act, not later than forty-eight hours after such
1612-arrest or conviction.
1613-(e) The department may adopt regulations in accordance with the
1614-provisions of chapter 54 of the general statutes to implement the
1615-provisions of this section, or may adopt policies and procedures as set
1616-forth in section 32 of this act prior to adopting such final regulations.
1617-Sec. 30. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
1618-commissioner shall require all individuals listed on an application for a
1619-cannabis establishment license, laboratory or research program license,
1620-or key employee license to submit to fingerprint-based state and
1621-national criminal history records checks before such license is issued.
1622-The criminal history records checks required pursuant to this subsection
1623-shall be conducted in accordance with section 29-17a of the general
1624-statutes. Upon renewal, the commissioner may require all individuals
1625-listed on an application for a cannabis establishment license, laboratory
1626-or research program license, or key employee license to be fingerprinted Senate Bill No. 1201
1627-
1628-June Sp. Sess., Public Act No. 21-1 51 of 303
1629-
1630-and submit to a state and national criminal history records check
1631-conducted in accordance with section 29-17a of the general statutes
1632-before such renewal license is issued.
1633-(b) The department shall charge the applicant a fee equal to the
1634-amount charged to the department to conduct a state and national
1635-criminal history records check of the applicant.
1636-Sec. 31. (NEW) (Effective July 1, 2021) Notwithstanding the provisions
1637-of sections 29 and 30 of this act, the commissioner may accept a third-
1638-party local and national criminal background check submitted by an
1639-applicant for a backer or key employee license or renewal in lieu of a
1640-fingerprint-based national criminal history records check. Any such
1641-third-party background check shall (1) be conducted by a third-party
1642-consumer reporting agency or background screening company that is in
1643-compliance with the federal Fair Credit Reporting Act and accredited
1644-by the Professional Background Screening Association, and (2) include
1645-a multistate and multi-jurisdiction criminal record locator or other
1646-similar commercial nation-wide database with validation, and other
1647-such background screening as the commissioner may require. The
1648-applicant shall request such background check not more than sixty days
1649-prior to submission of the application.
1650-Sec. 32. (NEW) (Effective from passage) The commissioner shall adopt
1651-regulations in accordance with chapter 54 of the general statutes to
1652-implement the provisions of RERACA. Notwithstanding the
1653-requirements of sections 4-168 to 4-172, inclusive, of the general statutes,
1654-in order to effectuate the purposes of RERACA and protect public health
1655-and safety, prior to adopting such regulations the commissioner shall
1656-issue policies and procedures to implement the provisions of RERACA
1657-that shall have the force and effect of law. The commissioner shall post
1658-all policies and procedures on the department's Internet web site and
1659-submit such policies and procedures to the Secretary of the State for
1660-posting on the eRegulations System, at least fifteen days prior to the Senate Bill No. 1201
1661-
1662-June Sp. Sess., Public Act No. 21-1 52 of 303
1663-
1664-effective date of any policy or procedure. Any such policy or procedure
1665-shall no longer be effective upon the earlier of either the adoption of the
1666-policy or procedure as a final regulation under section 4-172 of the
1667-general statutes or forty-eight months from the effective date of this
1668-section, if such regulations have not been submitted to the legislative
1669-regulation review committee for consideration under section 4-170 of
1670-the general statutes. The commissioner shall issue policies and
1671-procedures and thereafter final regulations that include, but are not
1672-limited to, the following:
1673-(1) Setting appropriate dosage, potency, concentration and serving
1674-size limits and delineation requirements for cannabis, provided a
1675-standardized serving of edible cannabis product or beverage, other than
1676-a medical marijuana product, shall contain not more than five
1677-milligrams of THC;
1678-(2) Requiring that each single standardized serving of cannabis
1679-product in a multiple-serving edible product or beverage is physically
1680-demarked in a way that enables a reasonable person to determine how
1681-much of the product constitutes a single serving and a maximum
1682-amount of THC per multiple-serving edible cannabis product or
1683-beverage;
1684-(3) Requiring that, if it is impracticable to clearly demark every
1685-standardized serving of cannabis product or to make each standardized
1686-serving easily separable in an edible cannabis product or beverage, the
1687-product, other than cannabis concentrate or medical marijuana product,
1688-shall contain not more than five milligrams of THC per unit of sale;
1689-(4) Establishing, in consultation with the Department of Mental
1690-Health and Addiction Services, consumer health materials that shall be
1691-posted or distributed, as specified by the commissioner, by cannabis
1692-establishments to maximize dissemination to cannabis consumers.
1693-Consumer health materials may include pamphlets, packaging inserts, Senate Bill No. 1201
1694-
1695-June Sp. Sess., Public Act No. 21-1 53 of 303
1696-
1697-signage, online and printed advertisements and advisories and printed
1698-health materials;
1699-(5) Imposing labeling and packaging requirements for cannabis sold
1700-by a cannabis establishment that include, but are not limited to, the
1701-following:
1702-(A) A universal symbol to indicate that cannabis or a cannabis
1703-product contains cannabis, and prescribe how such product and
1704-product packaging shall utilize and exhibit such symbol;
1705-(B) A disclosure concerning the length of time it typically takes for
1706-the cannabis to affect an individual, including that certain forms of
1707-cannabis take longer to have an effect;
1708-(C) A notation of the amount of cannabis the cannabis product is
1709-considered the equivalent to;
1710-(D) A list of ingredients and all additives for cannabis;
1711-(E) Child-resistant packaging including requiring that an edible
1712-product be individually wrapped;
1713-(F) Product tracking information sufficient to determine where and
1714-when the cannabis was grown and manufactured such that a product
1715-recall could be effectuated;
1716-(G) A net weight statement;
1717-(H) A recommended use by or expiration date; and
1718-(I) Standard and uniform packaging and labeling, including, but not
1719-limited to, requirements (i) regarding branding or logos, (ii) that all
1720-packaging be opaque, and (iii) that amounts and concentrations of THC
1721-and cannabidiol, per serving and per package, be clearly marked on the
1722-packaging or label of any cannabis product sold; Senate Bill No. 1201
1723-
1724-June Sp. Sess., Public Act No. 21-1 54 of 303
1725-
1726-(6) Establishing laboratory testing standards;
1727-(7) Restricting forms of cannabis products and cannabis product
1728-delivery systems to ensure consumer safety and deter public health
1729-concerns;
1730-(8) Prohibiting certain manufacturing methods, or inclusion of
1731-additives to cannabis products, including, but not limited to, (A) added
1732-flavoring, terpenes or other additives unless approved by the
1733-department, or (B) any form of nicotine or other additive containing
1734-nicotine;
1735-(9) Prohibiting cannabis product types that appeal to children;
1736-(10) Establishing physical and cyber security requirements related to
1737-build out, monitoring and protocols for cannabis establishments as a
1738-requirement for licensure;
1739-(11) Placing temporary limits on the sale of cannabis in the adult-use
1740-market, if deemed appropriate and necessary by the commissioner, in
1741-response to a shortage of cannabis for qualifying patients;
1742-(12) Requiring retailers and hybrid retailers to make best efforts to
1743-provide access to (A) low-dose THC products, including products that
1744-have one milligram and two and a half milligrams of THC per dose, and
1745-(B) high-dose CBD products;
1746-(13) Requiring producers, cultivators, micro-cultivators, product
1747-manufacturers and food and beverage manufacturers to register brand
1748-names for cannabis, in accordance with the policies and procedures and
1749-subject to the fee set forth in, regulations adopted under chapter 420f of
1750-the general statutes;
1751-(14) Prohibiting a cannabis establishment from selling, other than the
1752-sale of medical marijuana products between cannabis establishments Senate Bill No. 1201
1753-
1754-June Sp. Sess., Public Act No. 21-1 55 of 303
1755-
1756-and the sale of cannabis to qualified patients and caregivers, (A)
1757-cannabis flower or other cannabis plant material with a total THC
1758-concentration greater than thirty per cent on a dry-weight basis, and (B)
1759-any cannabis product other than cannabis flower and cannabis plant
1760-material with a total THC concentration greater than sixty per cent on a
1761-dry-weight basis, except that the provisions of subparagraph (B) of this
1762-subdivision shall not apply to the sale of prefilled cartridges for use in
1763-an electronic cannabis delivery system, as defined in section 19a-342a of
1764-the general statutes and the department may adjust the percentages set
1765-forth in subparagraph (A) or (B) of this subdivision in regulations
1766-adopted pursuant to this section for purposes of public health or to
1767-address market access or shortage. As used in this subdivision, "total
1768-THC" has the same meaning as provided in section 21a-240 of the
1769-general statutes and "cannabis plant material" means material from the
1770-cannabis plant, as defined in section 21a-279a of the general statutes; and
1771-(15) Permitting the outdoor cultivation of cannabis.
1772-Sec. 33. (NEW) (Effective July 1, 2021) (a) Cannabis establishments and
1773-any person advertising any cannabis or services related to cannabis shall
1774-not:
1775-(1) Advertise cannabis, cannabis paraphernalia or goods or services
1776-related to cannabis in ways that target or are designed to appeal to
1777-individuals under twenty-one years of age, including, but not limited
1778-to, spokespersons or celebrities who appeal to individuals under the
1779-legal age to purchase cannabis or cannabis products, depictions of a
1780-person under twenty-five years of age consuming cannabis, or, the
1781-inclusion of objects, such as toys, characters or cartoon characters
1782-suggesting the presence of a person under twenty-one years of age, or
1783-any other depiction designed in any manner to be appealing to a person
1784-under twenty-one years of age;
1785-(2) Engage in advertising by means of television, radio, Internet, Senate Bill No. 1201
1786-
1787-June Sp. Sess., Public Act No. 21-1 56 of 303
1788-
1789-mobile applications, social media, or other electronic communication,
1790-billboard or other outdoor signage, or print publication unless the
1791-advertiser has reliable evidence that at least ninety per cent of the
1792-audience for the advertisement is reasonably expected to be twenty-one
1793-years of age or older;
1794-(3) Engage in advertising or marketing directed toward location-
1795-based devices, including, but not limited to, cellular phones, unless the
1796-marketing is a mobile device application installed on the device by the
1797-owner of the device who is twenty-one years of age or older and
1798-includes a permanent and easy opt-out feature and warnings that the
1799-use of cannabis is restricted to persons twenty-one years of age or older;
1800-(4) Advertise cannabis or cannabis products in a manner claiming or
1801-implying, or permit any employee of the cannabis establishment to
1802-claim or imply, that such products have curative or therapeutic effects,
1803-or that any other medical claim is true, or allow any employee to
1804-promote cannabis for a wellness purpose unless such claims are
1805-substantiated as set forth in regulations adopted under chapter 420f of
1806-the general statutes or verbally conveyed by a licensed pharmacist or
1807-other licensed medical practitioner in the course of business in, or while
1808-representing, a hybrid retail or dispensary facility;
1809-(5) Sponsor charitable, sports, musical, artistic, cultural, social or
1810-other similar events or advertising at, or in connection with, such an
1811-event unless the sponsor or advertiser has reliable evidence that (A) not
1812-more than ten per cent of the in-person audience at the event is
1813-reasonably expected to be under the legal age to purchase cannabis or
1814-cannabis products, and (B) not more than ten per cent of the audience
1815-that will watch, listen or participate in the event is expected to be under
1816-the legal age to purchase cannabis products;
1817-(6) Advertise cannabis, cannabis products or cannabis paraphernalia
1818-in any physical form visible to the public within five hundred feet of an Senate Bill No. 1201
1819-
1820-June Sp. Sess., Public Act No. 21-1 57 of 303
1821-
1822-elementary or secondary school ground, recreation center or facility,
1823-child care center, playground, public park or library;
1824-(7) Cultivate cannabis or manufacture cannabis products for
1825-distribution outside of this state in violation of federal law, advertise in
1826-any way that encourages the transportation of cannabis across state lines
1827-or otherwise encourages illegal activity;
1828-(8) Except for dispensary facilities and hybrid retailers, exhibit within
1829-or upon the outside of the facility used in the operation of a cannabis
1830-establishment, or include in any advertisement, the word "dispensary"
1831-or any variation of such term or any other words, displays or symbols
1832-indicating that such store, shop or place of business is a dispensary;
1833-(9) Exhibit within or upon the outside of the premises subject to the
1834-cannabis establishment license, or include in any advertisement the
1835-words "drug store", "pharmacy", "apothecary", "drug", "drugs" or
1836-"medicine shop" or any combination of such terms or any other words,
1837-displays or symbols indicating that such store, shop or place of business
1838-is a pharmacy.
1839-(10) Advertise on or in public or private vehicles or at bus stops, taxi
1840-stands, transportation waiting areas, train stations, airports or other
1841-similar transportation venues including, but not limited to, vinyl-
1842-wrapped vehicles or signs or logos on transportation vehicles not
1843-owned by a cannabis establishment;
1844-(11) Display cannabis or cannabis products so as to be clearly visible
1845-to a person from the exterior of the facility used in the operation of a
1846-cannabis establishment, or display signs or other printed material
1847-advertising any brand or any kind of cannabis or cannabis product on
1848-the exterior of any facility used in the operation of a cannabis
1849-establishment;
1850-(12) Utilize radio or loudspeaker, in a vehicle or in or outside of a Senate Bill No. 1201
1851-
1852-June Sp. Sess., Public Act No. 21-1 58 of 303
1853-
1854-facility used in the operation of a cannabis establishment, for the
1855-purposes of advertising the sale of cannabis or cannabis products; or
1856-(13) Operate any web site advertising or depicting cannabis, cannabis
1857-products or cannabis paraphernalia unless such web site verifies that
1858-the entrants or users are twenty-one years of age or older.
1859-(b) Any advertisements from a cannabis establishment shall contain
1860-the following warning: "Do not use cannabis if you are under twenty-
1861-one years of age. Keep cannabis out of the reach of children." In a print
1862-or visual medium, such warning shall be conspicuous, easily legible and
1863-shall take up not less than ten per cent of the advertisement space. In an
1864-audio medium, such warning shall be at the same speed as the rest of
1865-the advertisement and be easily intelligible.
1866-(c) The department shall not register, and may require revision of,
1867-any submitted or registered cannabis brand name that:
1868-(1) Is identical to, or confusingly similar to, the name of an existing
1869-non-cannabis product;
1870-(2) Is identical to, or confusingly similar to, the name of an unlawful
1871-product or substance;
1872-(3) Is confusingly similar to the name of a previously approved
1873-cannabis brand name;
1874-(4) Is obscene or indecent; and
1875-(5) Is customarily associated with persons under the age of twenty-
1876-one.
1877-(d) A violation of the provisions of subsection (a) or (b) of this section
1878-shall be deemed to be an unfair or deceptive trade practice under
1879-subsection (a) of section 42-110b of the general statutes. Senate Bill No. 1201
1880-
1881-June Sp. Sess., Public Act No. 21-1 59 of 303
1882-
1883-Sec. 34. (NEW) (Effective July 1, 2021) (a) Not later than thirty days
1884-after the date that the Social Equity Council identifies the criteria and
1885-the necessary supporting documentation for social equity applicants
1886-and posts such information on its Internet web site, the department may
1887-accept applications for the following cannabis establishment license
1888-types: (1) Retailer, (2) hybrid retailer, (3) cultivator, (4) micro-cultivator,
1889-(5) product manufacturer, (6) food and beverage manufacturer, (7)
1890-product packager, (8) delivery service, and (9) transporter. Each
1891-application for licensure shall require the applicant to indicate whether
1892-the applicant wants to be considered for treatment as a social equity
1893-applicant.
1894-(b) On and after July 1, 2021, the department may accept applications
1895-from any dispensary facility to convert its license to a hybrid-retailer
1896-license and any producer for expanded authorization to engage in the
1897-adult use cannabis market under its license issued pursuant to section
1898-21a-408i of the general statutes.
1899-(c) Except as provided in subsection (e) of this section, the following
1900-fees shall be paid by each applicant:
1901-(1) For a retailer license, the fee to enter the lottery shall be five
1902-hundred dollars, the fee to receive a provisional license shall be five
1903-thousand dollars and the fee to receive a final license or a renewal of a
1904-final license shall be twenty-five thousand dollars.
1905-(2) For a hybrid retailer license, the fee to enter the lottery shall be five
1906-hundred dollars, the fee to receive a provisional license shall be five
1907-thousand dollars and the fee to receive a final license or a renewal of a
1908-final license shall be twenty-five thousand dollars.
1909-(3) For a cultivator license, the fee to enter the lottery shall be one
1910-thousand dollars, the fee to receive a provisional license shall be twenty-
1911-five thousand dollars and the fee to receive a final license or a renewal Senate Bill No. 1201
1912-
1913-June Sp. Sess., Public Act No. 21-1 60 of 303
1914-
1915-of a final license shall be seventy-five thousand dollars.
1916-(4) For a micro-cultivator license, the fee to enter the lottery shall be
1917-two hundred fifty dollars, the fee to receive a provisional license shall
1918-be five hundred dollars and the fee to receive a final license or a renewal
1919-of a final license shall be one thousand dollars.
1920-(5) For a product manufacturer license, the fee to enter the lottery
1921-shall be seven hundred fifty dollars, the fee to receive a provisional
1922-license shall be five thousand dollars and the fee to receive a final license
1923-or a renewal of a final license shall be twenty-five thousand dollars.
1924-(6) For a food and beverage manufacturer license, the fee to enter the
1925-lottery shall be two hundred fifty dollars, the fee to receive a provisional
1926-license shall be one thousand dollars and the fee to receive a final license
1927-or a renewal of a final license shall be five thousand dollars.
1928-(7) For a product packager license, the fee to enter the lottery shall be
1929-five hundred dollars, the fee to receive a provisional license shall be five
1930-thousand dollars and the fee to receive a final license or a renewal of a
1931-final license shall be twenty-five thousand dollars.
1932-(8) For a delivery service or transporter license, the fee to enter the
1933-lottery shall be two hundred fifty dollars, the fee to receive a provisional
1934-license shall be one thousand dollars and the fee to receive a final license
1935-or a renewal of a final license shall be five thousand dollars.
1936-(9) For an initial or renewal of a backer license, the fee shall be one
1937-hundred dollars.
1938-(10) For an initial or renewal of a key employee license, the fee shall
1939-be one hundred dollars.
1940-(11) For an initial or renewal of a registration of an employee who is
1941-not a key employee, the fee shall be fifty dollars. Senate Bill No. 1201
1942-
1943-June Sp. Sess., Public Act No. 21-1 61 of 303
1944-
1945-(12) The license conversion fee for a dispensary facility to become a
1946-hybrid retailer shall be one million dollars, except as provided in section
1947-145 of this act.
1948-(13) The license conversion fee for a producer to engage in the adult
1949-use cannabis market shall be three million dollars, except as provided in
1950-section 26 of this act.
1951-(d) For any dispensary facility that has become a hybrid retailer, the
1952-renewal fee shall be the same as the fee for a hybrid retailer set forth in
1953-subdivision (2) of subsection (c) of this section. For any producer, the
1954-renewal fee shall be the same as set forth in section 21a-408i of the
1955-general statutes. A social equity applicant shall pay fifty per cent of the
1956-amount of any of the fees specified in subsection (c) of this section for
1957-the first three renewal cycles of the applicable cannabis establishment
1958-license applied for, and the full amount thereafter, provided in the case
1959-of the fees set forth in subdivisions (12) and (13) of subsection (c) of this
1960-section, a social equity applicant shall pay the full amount of the fee.
1961-(e) For the fiscal year ending June 30, 2023, and thereafter, fees
1962-collected by the department under this section shall be paid to the State
1963-Treasurer and credited to the General Fund, except that the fees
1964-collected under subdivisions (12) and (13) of subsection (c) of this
1965-section shall be deposited in the Social Equity and Innovation Fund
1966-established under section 128 of this act.
1967-(f) For each license type:
1968-(1) Applicants shall apply on a form and in a manner prescribed by
1969-the commissioner, which form shall include a method for the applicant
1970-to request consideration as a social equity applicant; and
1971-(2) The department shall post on its Internet web site the application
1972-period, which shall specify the first and last date that the department
1973-will accept applications for that license type. The first date that the Senate Bill No. 1201
1974-
1975-June Sp. Sess., Public Act No. 21-1 62 of 303
1976-
1977-department shall accept applications shall be no sooner than thirty days
1978-after the date the Social Equity Council posts the criteria and supporting
1979-documentation necessary to qualify for consideration as a social equity
1980-applicant as set forth in section 35 of this act. Only complete license
1981-applications received by the department during the application period
1982-shall be considered.
1983-Sec. 35. (NEW) (Effective July 1, 2021) (a) The Social Equity Council
1984-shall review the ownership information and any other information
1985-necessary to confirm that an applicant qualifies as a social equity
1986-applicant for all license type applications submitted to the department
1987-and designated by the applicant as a social equity applicant. The Social
1988-Equity Council shall prescribe the documentation necessary for
1989-applicants to submit to establish that the ownership, residency and
1990-income requirements for social equity applicants are met. On or before
1991-September 1, 2021, the Social Equity Council shall post such necessary
1992-documentation requirements on its Internet web site to inform
1993-applicants of such requirements prior to the start of the application
1994-period.
1995-(b) Except as provided in section 149 of this act, prior to the first date
1996-that the department begins accepting applications for a license type, the
1997-department shall determine the maximum number of applications that
1998-shall be considered for such license type and post such information on
1999-its Internet web site. Fifty per cent of the maximum number of
2000-applications that shall be considered for each license type (1) shall be
2001-selected through a social equity lottery for such license type, and (2)
2002-shall be reserved by the department for social equity applicants. If, upon
2003-the close of the application period for a license type, the department
2004-receives more applications than the maximum number to be considered
2005-in total or to be reserved for social equity applicants as set forth in
2006-subsection (b) of this section, a third-party lottery operator shall conduct
2007-a lottery to identify applications for review by the department and the Senate Bill No. 1201
2008-
2009-June Sp. Sess., Public Act No. 21-1 63 of 303
2010-
2011-Social Equity Council.
2012-(c) (1) The third-party lottery operator shall:
2013-(A) Not be provided any application received after the close of the
2014-application period;
2015-(B) Give equal weight to every complete application submitted
2016-during the application period; and
2017-(C) Conduct multiple, separate geographic lotteries if required by the
2018-department.
2019-(2) For purposes of the lottery, the third-party lottery operator shall:
2020-(A) Conduct an independent lottery for each license type and a
2021-separate lottery for social equity applicants of each license type that
2022-results in each application being randomly ranked starting with one and
2023-continuing sequentially; and
2024-(B) Rank all applications in each lottery numerically according to the
2025-order in which they were drawn, including those that exceed the
2026-number to be considered, and identify for the department all
2027-applications to be considered, which shall consist of the applications
2028-ranked numerically one to the maximum number set forth in accordance
2029-with subsection (b) of this section.
2030-(d) (1) Upon receipt of an application for social equity consideration
2031-or, in the case where a social equity lottery is conducted, after such
2032-lottery applicants are selected, the department shall provide to the
2033-Social Equity Council the documentation received by the department
2034-during the application process that is required under subsection (a) of
2035-this section. No identifying information beyond what is necessary to
2036-establish social equity status shall be provided to the Social Equity
2037-Council. The Social Equity Council shall review the social equity Senate Bill No. 1201
2038-
2039-June Sp. Sess., Public Act No. 21-1 64 of 303
2040-
2041-applications to be considered as identified by the third-party lottery
2042-operator to determine whether the applicant meets the criteria for a
2043-social equity applicant. If the Social Equity Council determines that an
2044-applicant does not qualify as a social equity applicant, the application
2045-shall not be reviewed further for purposes of receiving a license
2046-designated for social equity applicants. The application shall be entered
2047-into the other lottery for the license type and may be reviewed further if
2048-selected through such lottery, provided the applicant pays the
2049-additional amount necessary to pay the full fee for entry into such
2050-lottery within five business days of being notified by the Social Equity
2051-Council that it does not qualify as a social equity applicant. Not later
2052-than thirty days after an applicant is notified of a denial of a license
2053-application under this subsection, the applicant may appeal such denial
2054-to the Superior Court in accordance with section 4-183 of the general
2055-statutes.
2056-(2) Upon determination by the Social Equity Council that an
2057-application selected through the lottery process does not qualify for
2058-consideration as a social equity applicant, the department shall request
2059-that the third-party lottery operator identify the next-ranked application
2060-in the applicable lottery. This process may continue until the Social
2061-Equity Council has identified for further consideration the number of
2062-applications set forth on the department's web site pursuant to
2063-subsection (b) of this section or the lottery indicates that there are no
2064-further applications to be considered.
2065-(3) For each license type, the Social Equity Council shall identify for
2066-the department the applications that qualify as social equity applicants
2067-and that should be reviewed by the department for purposes of
2068-awarding a provisional license.
2069-(4) Any application subject to, but not selected through, the social
2070-equity lottery process shall not be reviewed as a social equity
2071-application but shall be entered into the lottery for the remaining Senate Bill No. 1201
2072-
2073-June Sp. Sess., Public Act No. 21-1 65 of 303
2074-
2075-applications for the license type.
2076-(5) After receiving the list of social equity applications from the Social
2077-Equity Council, the department shall notify the third-party lottery
2078-operator, which shall then conduct an independent lottery for all
2079-remaining applicants for each license type, rank all applications
2080-numerically including those that exceed the number to be considered,
2081-and identify for the department all applications to be reviewed. The
2082-number of applications to be reviewed shall consist of the applications
2083-ranked numerically one through the maximum number set forth in
2084-accordance with subsection (b) of this section, provided that if fewer
2085-social equity applicants are identified pursuant to subdivision (3) of this
2086-subsection, the maximum number shall be the number necessary to
2087-ensure that fifty per cent of the applications for each license type
2088-identified through the lottery process are social equity applicants.
2089-(6) The numerical rankings created by the third-party lottery operator
2090-shall be confidential and shall not be subject to disclosure under the
2091-Freedom of Information Act, as defined in section 1-200 of the general
2092-statutes.
2093-(e) The department shall review each application to be considered, as
2094-identified by the third-party lottery operator or Social Equity Council,
2095-as applicable, to confirm it is complete and to determine whether any
2096-application: (1) Includes a backer with a disqualifying conviction; (2)
2097-includes a backer that would result in common ownership in violation
2098-of the cap set forth in section 40 of this act; or (3) has a backer who
2099-individually or in connection with a cannabis business in another state
2100-or country has an administrative finding or judicial decision that may
2101-substantively compromise the integrity of the cannabis program, as
2102-determined by the department, or that precludes its participation in this
2103-state's cannabis program.
2104-(f) No additional backers may be added to a cannabis establishment Senate Bill No. 1201
2105-
2106-June Sp. Sess., Public Act No. 21-1 66 of 303
2107-
2108-application between the time of lottery entry, or any initial application
2109-for a license, and when a final license is awarded to the cannabis
2110-establishment, except, if a backer of an applicant or provisional licensee
2111-dies, the applicant or provisional licensee may apply to the
2112-commissioner to replace the deceased backer, provided if such applicant
2113-is a social equity applicant, the Social Equity Council shall review
2114-ownership to ensure such replacement would not cause the applicant to
2115-no longer qualify as a social equity applicant.
2116-(g) If an applicant or a single backer of an applicant is disqualified on
2117-the basis of any of the criteria set forth in subsection (e) of this section,
2118-the entire application shall be denied, and such denial shall be a final
2119-decision of the department, provided backers of the applicant entity
2120-named in the lottery application submission may be removed prior to
2121-submission of a final license application unless such removal would
2122-result in a social equity applicant no longer qualifying as a social equity
2123-applicant. If the applicant removes any backer that would cause the
2124-applicant to be denied based on subsection (e) of this section, then the
2125-applicant entity shall not be denied due to such backer's prior
2126-involvement if such backer is removed within thirty days of notice by
2127-the department of the disqualification of a backer. Not later than thirty
2128-days after service of notice upon the applicant of a denial, the applicant
2129-may appeal such denial to the Superior Court in accordance with section
2130-4-183 of the general statutes.
2131-(h) For each application denied pursuant to subsection (e) of this
2132-section, the department may, within its discretion, request that the third-
2133-party lottery operator identify the next-ranked application in the
2134-applicable lottery. If the applicant that was denied was a social equity
2135-applicant, the next ranked social equity applicant shall first be reviewed
2136-by the Social Equity Council to confirm that the applicant qualifies as a
2137-social equity applicant prior to being further reviewed by the
2138-department. This process may continue until the department has Senate Bill No. 1201
2139-
2140-June Sp. Sess., Public Act No. 21-1 67 of 303
2141-
2142-identified for further consideration the number of applications
2143-equivalent to the maximum number set forth on its Internet web site
2144-pursuant to subsection (b) of this section. If the number of applications
2145-remaining is less than the maximum number posted on the
2146-department's Internet web site, the department shall award fewer
2147-licenses. To the extent the denials result in less than fifty per cent of
2148-applicants being social equity applicants, the department shall continue
2149-to review and issue provisional and final licenses for the remaining
2150-applications, but shall reopen the application period only for social
2151-equity applicants.
2152-(i) All applicants selected in the lottery and not denied shall be
2153-provided a provisional license application, which shall be submitted in
2154-a form and manner prescribed by the commissioner. Applicants shall
2155-have sixty days from the date they receive their provisional application
2156-to complete the application. The right to apply for a provisional license
2157-is nontransferable. Upon receiving a provisional application from an
2158-applicant, the department shall review the application for completeness
2159-and to confirm that all information provided is acceptable and in
2160-compliance with this section and any regulations adopted under this
2161-section. If a provisional application does not meet the standards set forth
2162-in this section, the applicant shall not be provided a provisional license.
2163-A provisional license shall expire after fourteen months and shall not be
2164-renewed. Upon granting a provisional license, the department shall
2165-notify the applicant of the project labor agreement requirements of
2166-section 103 of this act. A provisional licensee may apply for a final
2167-license of the license type for which the licensee applied during the
2168-initial application period. A provisional license shall be nontransferable.
2169-If the provisional application does not meet the standards set forth in
2170-this section or is not completed within sixty days, the applicant shall not
2171-receive a provisional license. The decision of the department not to
2172-award a provisional license shall be final and may be appealed in
2173-accordance with section 4-183 of the general statutes. Nothing in this Senate Bill No. 1201
2174-
2175-June Sp. Sess., Public Act No. 21-1 68 of 303
2176-
2177-section shall prevent a provisional applicant from submitting an
2178-application for a future lottery.
2179-(j) Final license applications shall be submitted on a form and in a
2180-manner approved by the commissioner and shall include, but not be
2181-limited to, the information set forth in this section, as well as evidence
2182-of the following:
2183-(1) A contract with an entity providing an approved electronic
2184-tracking system as set forth in section 56 of this act;
2185-(2) A right to occupy the location at which the cannabis establishment
2186-operation will be located;
2187-(3) Any necessary local zoning approval for the cannabis
2188-establishment operation;
2189-(4) A labor peace agreement complying with section 102 of this act
2190-has been entered into between the cannabis establishment and a bona
2191-fide labor organization, as defined in section 102 of this act;
2192-(5) A certification by the applicant that a project labor agreement
2193-complying with section 103 of this act will be entered into by the
2194-cannabis establishment prior to construction of any facility to be used in
2195-the operation of a cannabis establishment;
2196-(6) A social equity plan approved by the Social Equity Council;
2197-(7) A workforce development plan approved by the Social Equity
2198-Council;
2199-(8) Written policies for preventing diversion and misuse of cannabis
2200-and sales to underage persons; and
2201-(9) All other security requirements set forth by the department based
2202-on the specific license type. Senate Bill No. 1201
2203-
2204-June Sp. Sess., Public Act No. 21-1 69 of 303
2205-
2206-(k) At any point prior to the expiration of the provisional license, the
2207-department may award a provisional licensee a final license for the
2208-license type for which the licensee applied. Prior to receiving final
2209-license approval, a provisional licensee shall not possess, distribute,
2210-manufacture, sell or transfer cannabis. The department may conduct site
2211-inspections prior to issuing a final license.
2212-(l) At any time after receiving a final license, a cannabis establishment
2213-may begin operations, provided all other requirements for opening a
2214-business in compliance with the laws of this state are complete and all
2215-employees have been registered and all key employees and backers
2216-have been licensed, with the department.
2217-Sec. 36. (NEW) (Effective July 1, 2021) The Social Equity Council shall
2218-adopt regulations, in accordance with the provisions of chapter 54 of the
2219-general statutes, to prevent the sale or change in ownership or control
2220-of a cannabis establishment license awarded to a social equity applicant
2221-to someone other than another qualifying social equity applicant during
2222-the period of provisional licensure, and for three years following the
2223-issuance of a final license, unless the backer of such licensee has died or
2224-has a condition, including, but not limited to, a physical illness or loss
2225-of skill or deterioration due to the aging process, emotional disorder or
2226-mental illness that would interfere with the backer's ability to operate.
2227-Notwithstanding the requirements of sections 4-168 to 4-172, inclusive,
2228-of the general statutes, in order to effectuate this section, prior to
2229-adopting such regulations and not later than October 1, 2021, the council
2230-shall issue policies and procedures to implement the provisions of this
2231-section that shall have the force and effect of law. The council shall post
2232-all policies and procedures on its Internet web site and submit such
2233-policies and procedures to the Secretary of the State for posting on the
2234-eRegulations System, at least fifteen days prior to the effective date of
2235-any policy or procedure. Any such policy or procedure shall no longer
2236-be effective upon the earlier of either the adoption of the policy or Senate Bill No. 1201
2237-
2238-June Sp. Sess., Public Act No. 21-1 70 of 303
2239-
2240-procedure as a final regulation under section 4-172 of the general
2241-statutes or forty-eight months from the effective date of this section, if
2242-such regulations have not been submitted to the legislative regulation
2243-review committee for consideration under section 4-170 of the general
2244-statutes. Any violation of such policies and procedures or any violation
2245-of such regulations related to the sale or change in ownership may be
2246-referred by the Social Equity Council to the department for
2247-administrative enforcement action, which may result in a fine of not
2248-more than ten million dollars or action against the establishment's
2249-license.
2250-Sec. 37. (NEW) (Effective July 1, 2021) The commissioner shall adopt
2251-regulations, in accordance with the provisions of chapter 54 of the
2252-general statutes, to establish the maximum grow space permitted by a
2253-cultivator and micro-cultivator. In adopting such regulations, the
2254-commissioner shall seek to ensure an adequate supply of cannabis for
2255-the market. Notwithstanding the requirements of sections 4-168 to 4-
2256-172, inclusive, of the general statutes, in order to effectuate this section,
2257-prior to adopting such regulations, the commissioner shall issue policies
2258-and procedures to implement the provisions of this section that shall
2259-have the force and effect of law. The commissioner shall post all policies
2260-and procedures on the department's Internet web site and submit such
2261-policies and procedures to the Secretary of the State for posting on the
2262-eRegulations System, at least fifteen days prior to the effective date of
2263-any policy or procedure. Any such policy or procedure shall no longer
2264-be effective upon the earlier of either the adoption of the policy or
2265-procedure as a final regulation under section 4-172 of the general
2266-statutes or forty-eight months from the effective date of this section, if
2267-such regulations have not been submitted to the legislative regulation
2268-review committee for consideration under section 4-170 of the general
2269-statutes.
2270-Sec. 38. (Effective from passage) (a) The Social Equity Council, in Senate Bill No. 1201
2271-
2272-June Sp. Sess., Public Act No. 21-1 71 of 303
2273-
2274-coordination with the Departments of Consumer Protection and
2275-Economic and Community Development, shall develop a cannabis
2276-business accelerator program to provide technical assistance to
2277-participants by partnering participants with a cannabis establishment.
2278-The Social Equity Council may partner with a constituent unit of the
2279-state system of higher education in developing the program.
2280-(b) Any individual who would qualify as a social equity applicant
2281-may apply to participate in the accelerator program under this section:
2282-(c) On and after October 1, 2021, the Social Equity Council may accept
2283-applications from an individual described in subsection (b) of this
2284-section for the component of the accelerator program corresponding to
2285-each of the following license types: (1) Retailer, (2) cultivator, (3) product
2286-manufacturer, (4) food and beverage manufacturer, and (5) product
2287-packager.
2288-(d) On and after July 1, 2022, the council may accept applications from
2289-(1) retailers, (2) cultivators, (3) product manufacturers, (4) food and
2290-beverage manufacturers, (5) product packagers, (6) hybrid-retailers, and
2291-(7) micro-cultivators, licensed pursuant to section 34 of this act, to
2292-partner with participants in the accelerator program component
2293-corresponding to the same license type, provided an accelerator retailer
2294-participant may be partnered with either a retailer or hybrid retailer and
2295-an accelerator cultivator participant may be partnered with either a
2296-cultivator or micro-cultivator.
2297-(e) As part of the cannabis business accelerator program, accelerator
2298-participants may be required to participate in training on accounting
2299-methods, business services, how to access capital markets and financing
2300-opportunities and on regulatory compliance. Social equity applicants
2301-who have been awarded either a provisional license or a final license for
2302-a cannabis establishment may participate in the training programs made
2303-available under this section. Senate Bill No. 1201
2304-
2305-June Sp. Sess., Public Act No. 21-1 72 of 303
2306-
2307-(f) The Social Equity Council shall facilitate opportunities for
2308-participants in the cannabis business accelerator program to meet with
2309-potential investors.
2310-(g) A participant who has partnered with a cannabis establishment
2311-pursuant to subsection (d) of this section shall be allowed to participate
2312-in any activity of the cannabis establishment with the same privileges
2313-afforded by the cannabis establishment's license to employees of such
2314-cannabis establishment.
2315-(h) Each participant shall annually apply for and obtain a registration,
2316-on a form and in a manner prescribed by the commissioner, prior to
2317-participating in any activity of a cannabis establishment. The Social
2318-Equity Council may charge a registration fee to participants.
2319-(i) The Social Equity Council may determine the duration of the
2320-program and number of participants under this section.
2321-Sec. 39. (Effective from passage) (a) The Social Equity Council, in
2322-coordination with the Department of Economic and Community
2323-Development and Labor Department, shall develop a workforce
2324-training program to further equity goals, ensure cannabis
2325-establishments have access to a well-trained employee applicant pool,
2326-and support individuals who live in a disproportionately impacted area
2327-to find employment in the cannabis industry.
2328-(b) The Social Equity Council, in consultation with the Department of
2329-Economic and Community Development and Labor Department, shall:
2330-(1) Consult with cannabis establishments on an ongoing basis to
2331-assess the hiring needs of their businesses;
2332-(2) Develop a universal application for prospective enrollees in
2333-workforce training programs as part of the workforce training programs
2334-developed pursuant to this section; Senate Bill No. 1201
2335-
2336-June Sp. Sess., Public Act No. 21-1 73 of 303
2337-
2338-(3) Partner with the regional workforce development boards and
2339-institutions of higher education to develop workforce training
2340-programs;
2341-(4) Develop a series of cannabis career pathways so that workers have
2342-the ability to vertically advance their careers within the cannabis
2343-industry;
2344-(5) Partner with associated training providers to track and report
2345-performance outcomes of participants entering a cannabis workforce
2346-training program. Performance outcomes shall include, but not be
2347-limited to, enrollment, completion and placement of each individual
2348-entering into a training program; and
2349-(6) Explore the creation of a series of apprenticeship programs for
2350-cannabis workers across the state.
2351-(c) Upon completion of a workforce training program, enrollees may
2352-opt to have their information provided to cannabis establishments as
2353-prospective employees.
2354-Sec. 40. (NEW) (Effective July 1, 2021) From July 1, 2021, until June 30,
2355-2025, the department shall not award a cannabis establishment license
2356-to any lottery applicant who, at the time the lottery is conducted, has
2357-two or more licenses or includes a backer that has managerial control of,
2358-or is a backer of, two or more licensees in the same license type or
2359-category for which the applicant has entered the lottery, provided an
2360-ownership interest in an equity joint venture or a social equity partner
2361-in accordance with subsection (c) of section 26 of this act shall not be
2362-considered for purposes of such cap. For purposes of this section,
2363-dispensary facility, retailer and hybrid retailer licenses shall be
2364-considered to be within the same license category and producer,
2365-cultivator and micro-cultivator licenses shall be considered to be within
2366-the same license category. Senate Bill No. 1201
2367-
2368-June Sp. Sess., Public Act No. 21-1 74 of 303
2369-
2370-Sec. 41. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2371-department may issue or renew a license for a person to be a retailer. No
2372-person may act as a retailer or represent that such person is a retailer
2373-unless such person has obtained a license from the department pursuant
2374-to this section.
2375-(b) A retailer may obtain cannabis from a cultivator, micro-cultivator,
2376-producer, product packager, food and beverage manufacturer, product
2377-manufacturer or transporter or an undeliverable return from a delivery
2378-service. A retailer may sell, transport or transfer cannabis or cannabis
2379-products to a delivery service, laboratory or research program. A retailer
2380-may sell cannabis to a consumer or research program. A retailer may
2381-not conduct sales of medical marijuana products nor offer discounts or
2382-other inducements to qualifying patients or caregivers. A retailer shall
2383-not gift or transfer cannabis at no cost to a consumer as part of a
2384-commercial transaction.
2385-(c) Retailers shall maintain a secure location, in a manner approved
2386-by the commissioner, at the licensee's premises where cannabis that is
2387-unable to be delivered by an employee or delivery service may be
2388-returned to the retailer. Such secure cannabis return location shall meet
2389-specifications set forth by the commissioner and published on the
2390-department's Internet web site or included in regulations adopted by
2391-the department.
2392-(d) A retailer may deliver cannabis through a delivery service or by
2393-utilizing its own employees, subject to the provisions of subsection (b)
2394-of section 21 of this act.
2395-Sec. 42. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2396-department may issue or renew a license for a hybrid retailer. No person
2397-may act as a hybrid retailer or represent that such person is a hybrid
2398-retailer unless such person has obtained a license from the department
2399-pursuant to this section. Senate Bill No. 1201
2400-
2401-June Sp. Sess., Public Act No. 21-1 75 of 303
2402-
2403-(b) A hybrid retailer may obtain cannabis from a cultivator, micro-
2404-cultivator, producer, product packager, food and beverage
2405-manufacturer, product manufacturer or transporter. In addition to the
2406-activities authorized under section 43 of this act, a hybrid retailer may
2407-sell, transport or transfer cannabis to a delivery service, laboratory or
2408-research program. A hybrid retailer may sell cannabis products to a
2409-consumer or research program. A hybrid retailer shall not gift or
2410-transfer cannabis at no cost to a consumer, qualifying patient or
2411-caregiver as part of a commercial transaction.
2412-(c) In addition to conducting general retail sales, a hybrid retailer may
2413-sell cannabis and medical marijuana products, to qualifying patients
2414-and caregivers. Any cannabis or medical marijuana products sold to
2415-qualifying patients and caregivers shall be dispensed by a licensed
2416-pharmacist and shall be recorded in the electronic prescription drug
2417-monitoring program, established pursuant to section 21a-254 of the
2418-general statutes, in real-time or immediately upon completion of the
2419-transaction, unless not reasonably feasible for a specific transaction, but
2420-in no case longer than one hour after completion of the transaction. Only
2421-a licensed pharmacist or dispensary technician may upload or access
2422-data in the prescription drug monitoring program.
2423-(d) A hybrid retailer shall maintain a licensed pharmacist on premises
2424-at all times when the hybrid retail location is open to the public or to
2425-qualifying patients and caregivers.
2426-(e) The hybrid retailer location shall include a private consultation
2427-space for pharmacists to meet with qualifying patients and caregivers.
2428-Additionally, the hybrid retailer premises shall accommodate an
2429-expedited method of entry that allows for priority entrance into the
2430-premises for qualifying patients and caregivers.
2431-(f) Hybrid retailers shall maintain a secure location, in a manner
2432-approved by the commissioner, at the licensee's premises where Senate Bill No. 1201
2433-
2434-June Sp. Sess., Public Act No. 21-1 76 of 303
2435-
2436-cannabis that is unable to be delivered may be returned to the hybrid
2437-retailer. Such secure cannabis return location shall meet specifications
2438-set forth by the commissioner and published on the department's
2439-Internet web site or included in regulations adopted by the department.
2440-(g) Cannabis dispensed to a qualifying patient or caregiver that are
2441-unable to be delivered and are returned by the delivery service to the
2442-hybrid retailer shall be returned to the licensee inventory system and
2443-removed from the prescription drug monitoring program not later than
2444-forty-eight hours after receipt of the cannabis from the delivery service.
2445-(h) A hybrid retailer may not convert its license to a retailer license.
2446-To obtain a retailer license, a hybrid retailer shall apply through the
2447-lottery application process. A hybrid retailer may convert to a
2448-dispensary facility if the hybrid retailer complies with all applicable
2449-provisions of chapter 420f of the general statutes, and upon written
2450-approval by the department.
2451-Sec. 43. (NEW) (Effective July 1, 2021) (a) A dispensary facility may
2452-apply to the department, on a form and in a manner prescribed by the
2453-commissioner, to convert its license to a hybrid retailer license on or
2454-after September 1, 2021, without applying through the lottery
2455-application system. The license conversion application shall require a
2456-dispensary facility to submit to, and obtain approval from the
2457-department for, a detailed medical preservation plan for how it will
2458-prioritize sales and access to medical marijuana products for qualifying
2459-patients, including, but not limited to, managing customer traffic flow,
2460-preventing supply shortages, providing delivery services and ensuring
2461-appropriate staffing levels.
2462-(b) After October 1, 2021, qualifying patients shall not be required to
2463-designate a dispensary facility or hybrid retailer as its exclusive location
2464-to purchase cannabis or medical marijuana products, nor shall the
2465-department require any future change of designated dispensary facility Senate Bill No. 1201
2466-
2467-June Sp. Sess., Public Act No. 21-1 77 of 303
2468-
2469-applications. If all dispensary facilities demonstrate to the department's
2470-satisfaction that they are adhering to the real-time upload requirements
2471-set forth in subsection (c) of this section prior to October 1, 2021, the
2472-commissioner may eliminate the requirement for designated dispensary
2473-facilities prior to said date.
2474-(c) On and after September 1, 2021, dispensary facilities and hybrid
2475-retailers shall be required to perform real-time uploads to the
2476-prescription drug monitoring program. Any cannabis or medical
2477-marijuana products sold to qualifying patients or caregivers shall be
2478-dispensed by a licensed pharmacist and shall be recorded into the
2479-prescription drug monitoring program, established pursuant to section
2480-21a-254 of the general statutes, in real-time or immediately upon
2481-completion of the transaction, unless not reasonably feasible for a
2482-specific transaction, but in no case longer than one hour after completion
2483-of the transaction.
2484-(d) On and after September 1, 2021, a dispensary facility or hybrid
2485-retailer may apply to the department, in a form and in a manner
2486-prescribed by the commissioner, to provide delivery services through a
2487-delivery service or utilizing its own employees, subject to the provisions
2488-of subsection (b) of section 21 of this act, to qualifying patients,
2489-caregivers, research program subjects, as defined in section 21a-408 of
2490-the general statutes, and hospice and other inpatient care facilities
2491-licensed by the Department of Public Health pursuant to chapter 368v
2492-of the general statutes that have a protocol for the handling and
2493-distribution of cannabis that has been approved by the Department of
2494-Consumer Protection. A dispensary facility or hybrid retailer may
2495-deliver cannabis or medical marijuana products only from its own
2496-inventory to qualifying patients and caregivers. If such application is
2497-approved by the commissioner, the dispensary facility or hybrid retailer
2498-may commence delivery services on and after January 1, 2022, provided
2499-the commissioner may authorize dispensary facilities or hybrid retailers Senate Bill No. 1201
2500-
2501-June Sp. Sess., Public Act No. 21-1 78 of 303
2502-
2503-to commence delivery services prior to January 1, 2022, upon forty-five
2504-days advance written notice, published on the department's Internet
2505-web site.
2506-(e) Hybrid retailers may commence delivery of cannabis directly to
2507-consumers as of the date the first adult use cannabis sales are permitted
2508-by the commissioner as set forth in subsection (f) of this section, through
2509-a delivery service, or utilizing their own employees, subject to the
2510-provisions of subsection (b) of section 21 of this act.
2511-(f) Dispensary facilities that have been approved by the department
2512-and that have converted to hybrid retailers may open their premises to
2513-the general public and commence adult use cannabis sales on and after
2514-thirty days after the date that cannabis is available for purchase for
2515-purposes of adult use sales from producers or cultivators that have at
2516-least two hundred fifty thousand square feet of grow space and space
2517-used to manufacture cannabis products in the aggregate, which date
2518-shall be published on the department's Internet web site.
2519-Sec. 44. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2520-department may issue or renew a license for a person to be a food and
2521-beverage manufacturer. No person may act as a food and beverage
2522-manufacturer or represent that such person is a licensed food and
2523-beverage manufacturer unless such person has obtained a license from
2524-the department pursuant to this section.
2525-(b) A food and beverage manufacturer may incorporate cannabis into
2526-foods or beverages as an ingredient. A food and beverage manufacturer
2527-shall not perform extraction of cannabis into a cannabis concentrate nor
2528-create any product that is not a food or beverage intended to be
2529-consumed by humans.
2530-(c) A food and beverage manufacturer may package or label any food
2531-or beverage prepared by the food and beverage manufacturer at the Senate Bill No. 1201
2532-
2533-June Sp. Sess., Public Act No. 21-1 79 of 303
2534-
2535-establishment subject to the license.
2536-(d) A food and beverage manufacturer may sell, transfer or transport
2537-its own products to a cannabis establishment, laboratory or research
2538-program, utilizing its employees or a transporter. A food and beverage
2539-manufacturer may not deliver any cannabis, cannabis products or food
2540-or beverage incorporating cannabis to a consumer, directly or through
2541-a delivery service.
2542-(e) All products created by a food and beverage manufacturer shall
2543-be labeled in accordance with the policies and procedures issued by the
2544-commissioner to implement, and any regulations adopted pursuant to,
2545-RERACA as well as federal Food and Drug Administration and United
2546-States Department of Agriculture requirements.
2547-(f) A food and beverage manufacturer shall ensure all equipment
2548-utilized for manufacturing, processing and packaging cannabis is
2549-sanitary and inspected regularly to deter the adulteration of cannabis in
2550-accordance with RERACA as well as federal Food and Drug
2551-Administration and United States Department of Agriculture
2552-requirements.
2553-Sec. 45. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2554-department may issue or renew a license for a person to be a product
2555-manufacturer. No person may act as a product manufacturer or
2556-represent that such person is a licensed product manufacturer unless
2557-such person has obtained a license from the department pursuant to this
2558-section.
2559-(b) A product manufacturer may perform cannabis extractions,
2560-chemical synthesis and all other manufacturing activities authorized by
2561-the commissioner and published on the department's Internet web site.
2562-(c) A product manufacturer may package and label cannabis
2563-manufactured at its establishment subject to the license. Senate Bill No. 1201
2564-
2565-June Sp. Sess., Public Act No. 21-1 80 of 303
2566-
2567-(d) A product manufacturer may sell, transfer or transport its own
2568-products to a cannabis establishment, laboratory or research program,
2569-provided such transportation is performed by utilizing its own
2570-employees or a transporter. A product manufacturer may not deliver
2571-any cannabis to a consumer directly or through a delivery service.
2572-(e) All products created by a product manufacturer shall be labeled
2573-in accordance with the policies and procedures issued by the
2574-commissioner to implement, and any regulations adopted pursuant to,
2575-RERACA as well as federal Food and Drug Administration
2576-requirements.
2577-(f) A product manufacturer shall ensure all equipment utilized for
2578-manufacturing, extracting, processing and packaging cannabis is
2579-sanitary and inspected regularly to deter the adulteration of cannabis in
2580-accordance with RERACA as well as federal Food and Drug
2581-Administration requirements.
2582-Sec. 46. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2583-department may issue or renew a license for a person to be a product
2584-packager. No person may act as a product packager or represent that
2585-such person is a product packager unless such person has obtained a
2586-license from the department pursuant to this section.
2587-(b) A product packager may obtain cannabis from a producer,
2588-cultivator, micro-cultivator, food and beverage manufacturer or a
2589-product manufacturer. The product packager may sell, transfer or
2590-transport cannabis to any cannabis establishment, laboratory or research
2591-program, provided the product packager only transports cannabis
2592-packaged at its licensed establishment and utilizing its own employees
2593-or a transporter.
2594-(c) A product packager shall be responsible for ensuring that
2595-cannabis products are labeled and packaged in compliance with the Senate Bill No. 1201
2596-
2597-June Sp. Sess., Public Act No. 21-1 81 of 303
2598-
2599-provisions of RERACA and the policies and procedures issued by the
2600-commissioner to implement, and any regulations adopted pursuant to,
2601-RERACA.
2602-(d) A product packager shall ensure all equipment utilized for
2603-processing and packaging cannabis is sanitary and inspected regularly
2604-to deter the adulteration of cannabis.
2605-Sec. 47. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2606-department may issue or renew a license for a person to be a delivery
2607-service or a transporter. No person may act as a delivery service or
2608-transporter or represent that such person is a licensed delivery service
2609-or transporter unless such person has obtained a license from the
2610-department pursuant to this section.
2611-(b) Upon application for a delivery service or transporter license, the
2612-applicant shall indicate whether the applicant is applying to transport
2613-cannabis (1) between cannabis establishments, in which case the
2614-applicant shall apply for a transporter license, or (2) from certain
2615-cannabis establishments to consumers or qualifying patients and
2616-caregivers, or a combination thereof, in which case the applicant shall
2617-apply for a delivery service license.
2618-(c) A delivery service may (1) deliver cannabis from a micro-
2619-cultivator, retailer, or hybrid retailer directly to a consumer, and (2)
2620-deliver cannabis and medical marijuana products from a hybrid retailer
2621-or dispensary facility directly to a qualifying patient, caregiver, or
2622-hospice or other inpatient care facility licensed by the Department of
2623-Public Health pursuant to chapter 368v of the general statutes that has
2624-protocols for the handling and distribution of cannabis that have been
2625-approved by the Department of Consumer Protection. A delivery
2626-service may not store or maintain control of cannabis or medical
2627-marijuana products for more than twenty-four hours between the point
2628-when a consumer, qualifying patient, caregiver or facility places an Senate Bill No. 1201
2629-
2630-June Sp. Sess., Public Act No. 21-1 82 of 303
2631-
2632-order, until the time that the cannabis or medical marijuana product is
2633-delivered to such consumer, qualifying patient, caregiver or facility.
2634-(d) A transporter may deliver cannabis between cannabis
2635-establishments, research programs and laboratories and shall not store
2636-or maintain control of cannabis for more than twenty-four hours from
2637-the time the transporter obtains the cannabis from a cannabis
2638-establishment, research program or laboratory until the time such
2639-cannabis is delivered to the destination.
2640-(e) The commissioner shall adopt regulations, in accordance with
2641-chapter 54 of the general statutes, to implement the provisions of
2642-RERACA. Notwithstanding the requirements of sections 4-168 to 4-172,
2643-inclusive, of the general statutes, in order to effectuate the purposes of
2644-RERACA and protect public health and safety, prior to adopting such
2645-regulations the commissioner shall issue policies and procedures to
2646-implement the provisions of this section that shall have the force and
2647-effect of law. The commissioner shall post all policies and procedures
2648-on the department's Internet web site, and submit such policies and
2649-procedures to the Secretary of the State for posting on the eRegulations
2650-System, at least fifteen days prior to the effective date of any policy or
2651-procedure. Any such policy or procedure shall no longer be effective
2652-upon the earlier of either adoption of such policy or procedure as a final
2653-regulation under section 4-172 of the general statutes or forty-eight
2654-months from July 1, 2021, if such final regulations have not been
2655-submitted to the legislative regulation review committee for
2656-consideration under section 4-170 of the general statutes. The
2657-commissioner shall issue policies and procedures, and thereafter adopt
2658-final regulations, requiring that: (1) The delivery service and transporter
2659-meet certain security requirements related to the storage, handling and
2660-transport of cannabis, the vehicles employed, the conduct of employees
2661-and agents, and the documentation that shall be maintained by the
2662-delivery service, transporter and its drivers; (2) a delivery service that Senate Bill No. 1201
2663-
2664-June Sp. Sess., Public Act No. 21-1 83 of 303
2665-
2666-delivers cannabis to consumers maintain an online interface that verifies
2667-the age of consumers ordering cannabis for delivery and meets certain
2668-specifications and data security standards; and (3) a delivery service that
2669-delivers cannabis to consumers, qualifying patients or caregivers, and
2670-all employees and agents of such licensee, to verify the identity of the
2671-qualifying patient, caregiver or consumer and the age of the consumer
2672-upon delivery of cannabis to the end consumer, qualifying patient, or
2673-caregiver, in a manner acceptable to the commissioner. The individual
2674-placing the cannabis order shall be the individual accepting delivery of
2675-the cannabis except, in the case of a qualifying patient, the individual
2676-accepting the delivery may be the caregiver of such qualifying patient.
2677-(f) A delivery service shall not gift or transfer cannabis at no cost to a
2678-consumer or qualifying patient or caregiver as part of a commercial
2679-transaction.
2680-(g) A delivery service may only use individuals employed on a full-
2681-time basis, not less than thirty-five hours a week, to deliver cannabis
2682-pursuant to subsection (c) of this section. Any delivery service
2683-employees who deliver cannabis shall be registered with the
2684-department, and a delivery service shall not employ more than twenty-
2685-five such delivery employees at any given time.
2686-Sec. 48. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2687-department may issue or renew a license for a person to be a cultivator.
2688-No person may act as a cultivator or represent that such person is a
2689-licensed cultivator unless such person has obtained a license from the
2690-department pursuant to this section.
2691-(b) A cultivator is authorized to cultivate, grow and propagate
2692-cannabis at an establishment containing not less than fifteen thousand
2693-square feet of grow space, provided such cultivator complies with the
2694-provisions of any regulations adopted under section 37 of this act
2695-concerning grow space. A cultivator establishment shall meet physical Senate Bill No. 1201
2696-
2697-June Sp. Sess., Public Act No. 21-1 84 of 303
2698-
2699-security controls and protocols set forth and required by the
2700-commissioner.
2701-(c) A cultivator may label, manufacture, package and perform
2702-extractions on any cannabis cultivated, grown or propagated at its
2703-licensed establishment, including food and beverage products
2704-incorporating cannabis and cannabis concentrates, provided the
2705-cultivator meets all licensure and application requirements for a food
2706-and beverage manufacturer and a product manufacturer.
2707-(d) A cultivator may sell, transfer or transport its cannabis to a
2708-dispensary facility, hybrid retailer, retailer, food and beverage
2709-manufacturer, product manufacturer, research program, laboratory or
2710-product packager utilizing its own employees or a transporter. A
2711-cultivator shall not sell, transfer or deliver to consumers, qualifying
2712-patients or caregivers, directly or through a delivery service.
2713-Sec. 49. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the
2714-department may issue or renew a license for a person to be a micro-
2715-cultivator. No person may act as a micro-cultivator or represent that
2716-such person is a licensed micro-cultivator unless such person has
2717-obtained a license from the department pursuant to this section.
2718-(b) A micro-cultivator is authorized to cultivate, grow, propagate,
2719-manufacture and package the cannabis plant at an establishment
2720-containing not less than two thousand square feet and not more than ten
2721-thousand square feet of grow space, prior to any expansion authorized
2722-by the commissioner, provided such micro-cultivator complies with the
2723-provisions of any regulations adopted under section 37 of this act
2724-concerning grow space. A micro-cultivator business shall meet physical
2725-security controls set forth and required by the commissioner.
2726-(c) A micro-cultivator may apply for expansion of its grow space, in
2727-increments of five thousand square feet, on an annual basis, from the Senate Bill No. 1201
2728-
2729-June Sp. Sess., Public Act No. 21-1 85 of 303
2730-
2731-date of initial licensure, if such licensee is not subject to any pending or
2732-final administrative actions or judicial findings. If there are any pending
2733-or final administrative actions or judicial findings against the licensee,
2734-the department shall conduct a suitability review to determine whether
2735-such expansion shall be granted, which determination shall be final and
2736-appealable only to the Superior Court. The micro-cultivator may apply
2737-for an expansion of its business annually upon renewal of its credential
2738-until such licensee reaches a maximum of twenty-five thousand square
2739-feet of grow space. If a micro-cultivator desires to expand beyond
2740-twenty-five thousand square feet of grow space, the micro-cultivator
2741-licensee may apply for a cultivator license one year after its last
2742-expansion request. The micro-cultivator licensee shall not be required to
2743-apply through the lottery application process to convert its license to a
2744-cultivator license. If a micro-cultivator maintains its license and meets
2745-all of the application and licensure requirements for a cultivator license,
2746-including payment of the cultivator license fee established under section
2747-34 of this act, the micro-cultivator licensee shall be granted a cultivator
2748-license.
2749-(d) A micro-cultivator may label, manufacture, package and perform
2750-extractions on any cannabis cultivated, grown and propagated at its
2751-licensed establishment provided it meets all licensure and application
2752-requirements for a food and beverage manufacturer, product
2753-manufacturer or product packager, as applicable.
2754-(e) A micro-cultivator may sell, transfer or transport its cannabis to a
2755-dispensary facility, hybrid retailer, retailer, delivery service, food and
2756-beverage manufacturer, product manufacturer, research program,
2757-laboratory or product packager, provided the cannabis is cultivated,
2758-grown and propagated at the micro-cultivator's licensed establishment
2759-and transported utilizing the micro-cultivator's own employees or a
2760-transporter. A micro-cultivator shall not gift or transfer cannabis or
2761-cannabis products at no cost to a consumer as part of a commercial Senate Bill No. 1201
2762-
2763-June Sp. Sess., Public Act No. 21-1 86 of 303
2764-
2765-transaction.
2766-(f) A micro-cultivator may sell its own cannabis to consumers,
2767-excluding qualifying patients and caregivers, either through a delivery
2768-service or utilizing its own employees, subject to the requirements of
2769-subsection (b) of section 21 of this act. Any micro-cultivator that engages
2770-in the delivery of cannabis shall maintain a secure location, in a manner
2771-approved by the commissioner, at the micro-cultivator's premises where
2772-cannabis that is unable to be delivered may be returned to the micro-
2773-cultivator. Such secure cannabis return location shall meet specifications
2774-set forth by the commissioner and published on the department's
2775-Internet web site or included in regulations adopted by the department.
2776-A micro-cultivator shall cease delivery of cannabis to consumers if it
2777-converts to being a cultivator.
2778-Sec. 50. (NEW) (Effective July 1, 2021) (a) Until June 30, 2023, the
2779-commissioner may deny a change of location application from a
2780-dispensary facility or hybrid retailer based on the needs of qualifying
2781-patients.
2782-(b) Prior to June 30, 2022, the commissioner shall not approve the
2783-relocation of a dispensary facility or hybrid retailer to a location that is
2784-further than ten miles from its current dispensary facility or hybrid
2785-retailer location.
2786-Sec. 51. (NEW) (Effective from passage) (a) No member of the Social
2787-Equity Council and no employee of the Social Equity Council or
2788-department who carries out the licensing, inspection, investigation,
2789-enforcement or policy decisions authorized by RERACA, and any
2790-regulations enacted pursuant thereto, may, directly or indirectly, have
2791-any management or financial interest in the cultivation, manufacture,
2792-sale, transportation, delivery or testing of cannabis in this state, nor
2793-receive any commission or profit from nor have any interest in
2794-purchases or sales made by persons authorized to make such purchases Senate Bill No. 1201
2795-
2796-June Sp. Sess., Public Act No. 21-1 87 of 303
2797-
2798-or sales pursuant to RERACA. No provision of this section shall prevent
2799-any such member or employee from purchasing and keeping in his or
2800-her possession, for his or her personal use or the use of such member's
2801-or employee's family or guests, any cannabis which may be purchased
2802-or kept by any person by virtue of RERACA.
2803-(b) No former member of the Social Equity Council and no former
2804-employee of the Social Equity Council or department described in
2805-subsection (a) of this section shall, within two years of leaving state
2806-service, be eligible to apply either individually or with a group of
2807-individuals for a cannabis establishment license.
2808-(c) No member of the General Assembly or state-wide elected public
2809-official shall, within two years of leaving state service, be eligible to
2810-apply either individually or with a group of individuals for a cannabis
2811-establishment license.
2812-Sec. 52. (NEW) (Effective July 1, 2021) Notwithstanding any provision
2813-of the general statutes, the purchase, possession, display, sale or
2814-transportation of cannabis by a cannabis establishment or employee
2815-thereof shall not be unlawful and shall not be an offense or a basis for
2816-seizure or forfeiture of assets so long as such purchase, possession,
2817-display, sale or transportation is within the scope of such person's
2818-employment or such person's license or registration and is in
2819-compliance with the laws and regulations that apply to such license or
2820-registration type.
2821-Sec. 53. (NEW) (Effective July 1, 2021) No cannabis establishment shall
2822-display cannabis, cannabis products or drug paraphernalia in a manner
2823-that is visible to the general public from a public right-of-way not on
2824-state lands or waters managed by the Department of Energy and
2825-Environmental Protection.
2826-Sec. 54. (NEW) (Effective July 1, 2021) (a) Each cannabis establishment Senate Bill No. 1201
2827-
2828-June Sp. Sess., Public Act No. 21-1 88 of 303
2829-
2830-shall establish, maintain and comply with written policies and
2831-procedures for the cultivation, processing, manufacture, security,
2832-storage, inventory and distribution of cannabis, as applicable to the
2833-specific license type. Such policies and procedures shall include
2834-methods for identifying, recording and reporting diversion, theft or loss,
2835-and for correcting all errors and inaccuracies in inventories. Cannabis
2836-establishments shall include in their written policies and procedures a
2837-process for each of the following, if the establishment engages in such
2838-activity:
2839-(1) Handling mandatory and voluntary recalls of cannabis. Such
2840-process shall be adequate to deal with recalls due to any order of the
2841-commissioner and any voluntary action by the cannabis establishment
2842-to remove defective or potentially defective cannabis from the market
2843-or any action undertaken to promote public health and safety by
2844-replacing existing cannabis with improved products or packaging;
2845-(2) Preparing for, protecting against and handling any crisis that
2846-affects the security or operation of any facility used in the operation of
2847-a cannabis establishment in the event of a strike, fire, flood or other
2848-natural disaster, or other situations of local, state or national emergency;
2849-(3) Ensuring that any outdated, damaged, deteriorated, misbranded
2850-or adulterated cannabis is segregated from all other inventory and
2851-destroyed. Such procedure shall provide for written documentation of
2852-the cannabis disposition; and
2853-(4) Ensuring the oldest stock of a cannabis is sold, delivered or
2854-dispensed first. Such procedure may permit deviation from this
2855-requirement, if such deviation is temporary and approved by the
2856-commissioner.
2857-(b) A cannabis establishment shall (1) store all cannabis in such a
2858-manner as to prevent diversion, theft or loss, (2) make cannabis Senate Bill No. 1201
2859-
2860-June Sp. Sess., Public Act No. 21-1 89 of 303
2861-
2862-accessible only to the minimum number of specifically authorized
2863-employees essential for efficient operation, and (3) return any cannabis
2864-to a secure location at the end of the scheduled business day.
2865-Sec. 55. (NEW) (Effective July 1, 2021) (a) Qualifying patients and
2866-caregivers registered pursuant to chapter 420f of the general statutes
2867-shall be permitted to purchase cannabis of higher potency, varied
2868-dosage form, and in a larger per transaction or per day amount than are
2869-generally available for retail purchase, as determined by the
2870-commissioner. Such determination, if any, shall be published on the
2871-Department of Consumer Protection's Internet web site or included in
2872-regulations adopted by the department.
2873-(b) Notwithstanding any provision of the general statutes, the sale or
2874-delivery of drug paraphernalia to a qualifying patient or caregiver or
2875-person licensed pursuant to the provisions of RERACA or chapter 420f
2876-of the general statutes, shall not be considered a violation of the
2877-provisions of RERACA.
2878-Sec. 56. (NEW) (Effective January 1, 2022) (a) Each cannabis
2879-establishment, licensed pursuant to chapter 420f of the general statutes
2880-or the provisions of RERACA shall maintain a record of all cannabis
2881-grown, manufactured, wasted and distributed between cannabis
2882-establishments and to consumers, qualifying patients and caregivers in
2883-a form and manner prescribed by the commissioner. The commissioner
2884-shall require each cannabis establishment to use an electronic tracking
2885-system to monitor the production, harvesting, storage, manufacturing,
2886-packaging and labeling, processing, transport, transfer and sale of
2887-cannabis from the point of cannabis cultivation inception through the
2888-point when the final product is sold to a consumer, qualifying patient,
2889-caregiver, research program or otherwise disposed of in accordance
2890-with chapter 420f of the general statutes or the provisions of RERACA,
2891-and the policies and procedures or regulations issued pursuant to
2892-RERACA. Cannabis establishments shall be required to utilize such Senate Bill No. 1201
2893-
2894-June Sp. Sess., Public Act No. 21-1 90 of 303
2895-
2896-electronic tracking system and enter the data points required by the
2897-commissioner to ensure cannabis is safe, secure and properly labeled for
2898-consumer or qualifying patient use. The commissioner may contract
2899-with one or more vendors for the purpose of electronically collecting
2900-such cannabis information.
2901-(b) The electronic tracking system shall not collect information about
2902-any individual consumer, qualifying patient or caregiver purchasing
2903-cannabis.
2904-(c) The electronic tracking system shall (1) track each cannabis seed,
2905-clone, seedling or other commencement of the growth of a cannabis
2906-plant or introduction of any cannabinoid intended for use by a cannabis
2907-establishment, and (2) collect the unit price and amount sold for each
2908-retail sale of cannabis.
2909-(d) Information within the electronic tracking system shall be
2910-confidential and shall not be subject to disclosure under the Freedom of
2911-Information Act, as defined in section 1-200 of the general statutes,
2912-except that (1) the commissioner may provide reasonable access to
2913-cannabis tracking data obtained under this section to: (A) State agencies
2914-and local law enforcement agencies for the purpose of investigating or
2915-prosecuting a violation of law; (B) public or private entities for research
2916-or educational purposes, provided no individually identifiable
2917-information may be disclosed; (C) as part of disciplinary action taken by
2918-the department, to another state agency or local law enforcement; (D)
2919-the office of the Attorney General for any review or investigation; and
2920-(E) in the aggregate, the Department of Public Health and Department
2921-of Mental Health and Addiction Services for epidemiological
2922-surveillance, research and analysis in conjunction with the Department
2923-of Consumer Protection; and (2) the commissioner shall provide access
2924-to the electronic tracking system to (A) the Department of Revenue
2925-Services for the purposes of enforcement of any tax -related
2926-investigations and audits, and (B) the Connecticut Agricultural Senate Bill No. 1201
2927-
2928-June Sp. Sess., Public Act No. 21-1 91 of 303
2929-
2930-Experiment Station for the purpose of laboratory testing and
2931-surveillance.
2932-Sec. 57. (NEW) (Effective July 1, 2021) (a) Each cannabis establishment
2933-shall maintain all records necessary to fully demonstrate business
2934-transactions related to cannabis for a period covering the current taxable
2935-year and the three immediately preceding taxable years, all of which
2936-shall be made available to the department pursuant to subsection (c) of
2937-this section.
2938-(b) The commissioner may require any licensee to furnish such
2939-information as the commissioner considers necessary for the proper
2940-administration of RERACA, and may require an audit of any cannabis
2941-establishment, the expense thereof to be paid by such cannabis
2942-establishment.
2943-(c) Each cannabis establishment, and each person in charge, or having
2944-custody, of such documents, shall maintain such documents in an
2945-auditable format for the current taxable year and the three preceding
2946-taxable years. Upon request, such person shall make such documents
2947-immediately available for inspection and copying by the commissioner
2948-or any other enforcement agency or others authorized by RERACA, and
2949-shall produce copies of such documents to the commissioner or
2950-commissioner's authorized representative within two business days.
2951-Such documents shall be provided to the commissioner in electronic
2952-format, unless not commercially practical. In complying with the
2953-provisions of this subsection, no person shall use a foreign language,
2954-codes or symbols to designate cannabis or cannabis product types or
2955-persons in the keeping of any required document.
2956-(d) For purposes of the supervision and enforcement of the
2957-provisions of RERACA, the commissioner may:
2958-(1) Enter any place, including a vehicle, in which cannabis is held, Senate Bill No. 1201
2959-
2960-June Sp. Sess., Public Act No. 21-1 92 of 303
2961-
2962-sold, produced, delivered, transported, manufactured or otherwise
2963-disposed of;
2964-(2) Inspect a cannabis establishment and all pertinent equipment,
2965-finished and unfinished material, containers and labeling, and all things
2966-in such place, including records, files, financial data, sales data, shipping
2967-data, pricing data, employee data, research, papers, processes, controls
2968-and facilities; and
2969-(3) Inventory any stock of cannabis and obtain samples of any
2970-cannabis, any labels or containers, paraphernalia and of any finished or
2971-unfinished material.
2972-(e) Except as otherwise provided in RERACA, all records maintained
2973-or kept on file related to RERACA by the department or the Social
2974-Equity Council shall be public records for purposes of the Freedom of
2975-Information Act, as defined in section 1-200 of the general statutes. In
2976-addition to the nondisclosure provisions contained in sections 35, 56, 58
2977-and 61 of this act, sections 1-210, 21a-408d, 21a-408l and 21a-408v of the
2978-general statutes, any information related to (1) the physical security
2979-plans of a cannabis establishment or the criminal background of
2980-individual applicants that is obtained by the department through the
2981-licensing process, (2) the supply and distribution of cannabis by
2982-cannabis establishments, and (3) qualified patient and caregiver
2983-information, shall be confidential and shall not be subject to disclosure
2984-under the Freedom of Information Act, as defined in section 1-200 of the
2985-general statutes.
2986-Sec. 58. (NEW) (Effective July 1, 2021) (a) For sufficient cause found
2987-pursuant to subsection (b) of this section, the commissioner may
2988-suspend or revoke a license or registration, issue fines of not more than
2989-twenty-five thousand dollars per violation, accept an offer in
2990-compromise or refuse to grant or renew a license or registration issued
2991-pursuant to RERACA, or place such licensee or registrant on probation, Senate Bill No. 1201
2992-
2993-June Sp. Sess., Public Act No. 21-1 93 of 303
2994-
2995-place conditions on such licensee or registrant or take other actions
2996-permitted by law. Information from inspections and investigations
2997-conducted by the department related to administrative complaints or
2998-cases shall not be subject to disclosure under the Freedom of
2999-Information Act, as defined in section 1-200 of the general statutes,
3000-except after the department has entered into a settlement agreement, or
3001-concluded its investigation or inspection as evidenced by case closure,
3002-provided that nothing in this section shall prevent the department from
3003-sharing information with other state and federal agencies and law
3004-enforcement as it relates to investigating violations of law.
3005-(b) Any of the following shall constitute sufficient cause for such
3006-action by the commissioner, including, but not limited to:
3007-(1) Furnishing of false or fraudulent information in any application
3008-or failure to comply with representations made in any application,
3009-including, but not limited to, medical preservation plans and security
3010-requirements;
3011-(2) A civil judgment against or disqualifying conviction of a cannabis
3012-establishment licensee, backer, key employee or license applicant;
3013-(3) Failure to maintain effective controls against diversion, theft or
3014-loss of cannabis, cannabis products or other controlled substances;
3015-(4) Discipline by, or a pending disciplinary action or an unresolved
3016-complaint against a cannabis establishment licensee, registrant or
3017-applicant regarding any professional license or registration of any
3018-federal, state or local government;
3019-(5) Failure to keep accurate records and to account for the cultivation,
3020-manufacture, packaging or sale of cannabis;
3021-(6) Denial, suspension or revocation of a license or registration, or the
3022-denial of a renewal of a license or registration, by any federal, state or Senate Bill No. 1201
3023-
3024-June Sp. Sess., Public Act No. 21-1 94 of 303
3025-
3026-local government or a foreign jurisdiction;
3027-(7) False, misleading or deceptive representations to the public or the
3028-department;
3029-(8) Return to regular stock of any cannabis where:
3030-(A) The package or container containing the cannabis has been
3031-opened, breached, tampered with or otherwise adulterated; or
3032-(B) The cannabis has been previously sold to an end user or research
3033-program subject;
3034-(9) Involvement in a fraudulent or deceitful practice or transaction;
3035-(10) Performance of incompetent or negligent work;
3036-(11) Failure to maintain the entire cannabis establishment premises
3037-or laboratory and contents in a secure, clean, orderly and sanitary
3038-condition;
3039-(12) Permitting another person to use the licensee's license;
3040-(13) Failure to properly register employees or license key employees,
3041-or failure to notify the department of a change in key employees or
3042-backers;
3043-(14) An adverse administrative decision or delinquency assessment
3044-against the cannabis establishment from the Department of Revenue
3045-Services;
3046-(15) Failure to cooperate or give information to the department, local
3047-law enforcement authorities or any other enforcement agency upon any
3048-matter arising out of conduct at the premises of a cannabis
3049-establishment or laboratory or in connection with a research program;
3050-(16) Advertising in a manner prohibited by section 33 of this act; or Senate Bill No. 1201
3051-
3052-June Sp. Sess., Public Act No. 21-1 95 of 303
3053-
3054-(17) Failure to comply with any provision of RERACA, or any policies
3055-and procedures issued by the commissioner to implement, or
3056-regulations adopted pursuant to, RERACA.
3057-(c) Upon refusal to issue or renew a license or registration, the
3058-commissioner shall notify the applicant of the denial and of the
3059-applicant's right to request a hearing within ten days from the date of
3060-receipt of the notice of denial. If the applicant requests a hearing within
3061-such ten-day period, the commissioner shall give notice of the grounds
3062-for the commissioner's refusal and shall conduct a hearing concerning
3063-such refusal in accordance with the provisions of chapter 54 of the
3064-general statutes concerning contested cases. If the commissioner's denial
3065-of a license or registration is sustained after such hearing, an applicant
3066-may not apply for a new cannabis establishment, backer or key
3067-employee license or employee registration for a period of one year after
3068-the date on which such denial was sustained.
3069-(d) No person whose license or registration has been revoked may
3070-apply for a cannabis establishment, backer or key employee license or
3071-an employee registration for a period of one year after the date of such
3072-revocation.
3073-(e) The voluntary surrender or failure to renew a license or
3074-registration shall not prevent the commissioner from suspending or
3075-revoking such license or registration or imposing other penalties
3076-permitted by RERACA.
3077-Sec. 59. (NEW) (Effective from passage) (a) The commissioner may
3078-adopt regulations in accordance with chapter 54 of the general statutes,
3079-including emergency regulations pursuant to section 4-168 of the
3080-general statutes, to implement the provisions of RERACA.
3081-(b) Notwithstanding the requirements of sections 4-168 to 4-172,
3082-inclusive, of the general statutes, in order to effectuate the purposes of Senate Bill No. 1201
3083-
3084-June Sp. Sess., Public Act No. 21-1 96 of 303
3085-
3086-RERACA and protect public health and safety, prior to adopting such
3087-regulations the commissioner shall implement policies and procedures
3088-to implement the provisions of RERACA that shall have the force and
3089-effect of law. The commissioner shall post all such policies and
3090-procedures on the department's Internet web site and submit such
3091-policies and procedures to the Secretary of the State for posting on the
3092-eRegulations System, at least fifteen days prior to the effective date of
3093-any policy or procedure. Any such policies and procedures shall no
3094-longer be effective upon the earlier of either adoption of such policies
3095-and procedures as a final regulation under section 4-172 of the general
3096-statutes or forty-eight months from the effective date of this section, if
3097-such regulations have not been submitted to the legislative regulation
3098-review committee for consideration under section 4-170 of the general
3099-statutes.
3100-Sec. 60. (Effective July 1, 2022) Not later than January 1, 2023, the
3101-department shall make written recommendations, in accordance with
3102-the provisions of section 11-4a of the general statutes, to the Governor
3103-and the joint standing committees of the General Assembly having
3104-cognizance of matters relating to consumer protection, the judiciary and
3105-finance, revenue and bonding, concerning whether to authorize on-site
3106-consumption or events that allow for cannabis usage, including whether
3107-to establish a cannabis on-site consumption or event license.
3108-Sec. 61. (NEW) (Effective July 1, 2021) (a) For purposes of this section:
3109-(1) "Material change" means: (A) The addition of a backer, (B) a
3110-change in the ownership interest of an existing backer, (C) the merger,
3111-consolidation or other affiliation of a cannabis establishment with
3112-another cannabis establishment, (D) the acquisition of all or part of a
3113-cannabis establishment by another cannabis establishment or backer,
3114-and (E) the transfer of assets or security interests from a cannabis
3115-establishment to another cannabis establishment or backer; Senate Bill No. 1201
3116-
3117-June Sp. Sess., Public Act No. 21-1 97 of 303
3118-
3119-(2) "Cannabis establishment" has the same meaning as provided in
3120-section 1 of this act;
3121-(3) "Person" has the same meaning as provided in section 1 of this act;
3122-and
3123-(4) "Transfer" means to sell, transfer, lease, exchange, option, convey,
3124-give or otherwise dispose of or transfer control over, including, but not
3125-limited to, transfer by way of merger or joint venture not in the ordinary
3126-course of business.
3127-(b) No person shall, directly or indirectly, enter into a transaction that
3128-results in a material change to a cannabis establishment, unless all
3129-parties involved in the transaction file a written notification with the
3130-Attorney General pursuant to subsection (c) of this section and the
3131-waiting period described in subsection (d) of this section has expired.
3132-(c) The written notice required under subsection (b) of this section
3133-shall be in such form and contain such documentary material and
3134-information relevant to the proposed transaction as the Attorney
3135-General deems necessary and appropriate to enable the Attorney
3136-General to determine whether such transaction, if consummated, would
3137-violate antitrust laws.
3138-(d) The waiting period required under subsection (b) of this section
3139-shall begin on the date of the receipt by the Attorney General's office of
3140-the completed notification required under subsection (c) of this section
3141-from all parties to the transaction and shall end on the thirtieth day after
3142-the date of such receipt, unless such time is extended pursuant to
3143-subsection (f) of this section.
3144-(e) The Attorney General may, in individual cases, terminate the
3145-waiting period specified in subsection (d) of this section and allow any
3146-person to proceed with any transaction. Senate Bill No. 1201
3147-
3148-June Sp. Sess., Public Act No. 21-1 98 of 303
3149-
3150-(f) The Attorney General may, prior to the expiration of the thirty-day
3151-waiting period, require the submission of additional information or
3152-documentary material relevant to the proposed transaction from a
3153-person required to file notification with respect to such transaction
3154-under subsection (b) of this section. Upon request for additional
3155-information under this subsection, the waiting period shall be extended
3156-until thirty days after the parties have substantially complied, as
3157-determined solely by the Attorney General, with such request for
3158-additional information.
3159-(g) Any information or documentary material filed with the Attorney
3160-General pursuant to this section shall not be subject to disclosure under
3161-the Freedom of Information Act, as defined in section 1-200 of the
3162-general statutes, and no such information or documentary material may
3163-be made public, except as may be relevant to any administrative or
3164-judicial action or proceeding. Such information or documentary
3165-material shall be returned to the person furnishing such information or
3166-documentary material upon the termination of the Attorney General's
3167-review or final determination of any action or proceeding commenced
3168-thereunder.
3169-(h) (1) Any person, or any officer, director or partner thereof, who
3170-fails to comply with any provision of this section shall be liable to the
3171-state for a civil penalty of not more than twenty-five thousand dollars
3172-for each day during which such person is in violation of this section.
3173-Such penalty may be recovered in a civil action brought by the Attorney
3174-General.
3175-(2) If any person, or any officer, director, partner, agent or employee
3176-thereof, fails substantially to comply with the notification requirement
3177-under subsection (b) of this section or any request for the submission of
3178-additional information or documentary material under subsection (f) of
3179-this section within the waiting period specified in subsection (d) of this
3180-section and as may be extended under subsection (f) of this section, the Senate Bill No. 1201
3181-
3182-June Sp. Sess., Public Act No. 21-1 99 of 303
3183-
3184-court:
3185-(A) May order compliance;
3186-(B) Shall extend the waiting period specified in subsection (d) of this
3187-section and as may have been extended under subsection (f) of this
3188-section until there has been substantial compliance, except that, in the
3189-case of a tender offer, the court may not extend such waiting period on
3190-the basis of a failure, by the person whose stock is sought to be acquired,
3191-to comply substantially with such notification requirement or any such
3192-request; and
3193-(C) May grant such other equitable relief as the court in its discretion
3194-determines necessary or appropriate, upon application of the Attorney
3195-General.
3196-Sec. 62. (NEW) (Effective July 1, 2022) Each cannabis establishment
3197-shall annually report publicly in a manner prescribed by the
3198-commissioner: (1) Its annual usage of electricity, and (2) what fraction
3199-of its electricity usage is generated from Class I Renewable Portfolio
3200-Standards produced in the state per the Regional Greenhouse Gas
3201-Initiative agreement. Each cannabis establishment shall purchase
3202-electricity generated from Class I Renewable Portfolio Standards
3203-produced in the states that are party to the Regional Greenhouse Gas
3204-Initiative agreement, to the greatest extent possible.
3205-Sec. 63. (Effective from passage) Not later than January 1, 2022, the
3206-Banking Commissioner, in consultation with the Commissioner of
3207-Consumer Protection, shall report to the Governor and the joint
3208-standing committees of the General Assembly having cognizance of
3209-matters relating to banking, the judiciary and finance, revenue and
3210-bonding, regarding recommended legislation to implement the
3211-provisions of RERACA, to facilitate the use of electronic payments by
3212-cannabis establishments and consumers and regarding access for Senate Bill No. 1201
3213-
3214-June Sp. Sess., Public Act No. 21-1 100 of 303
3215-
3216-cannabis establishments to (1) depository banking, and (2) commercial
3217-mortgages.
3218-Sec. 64. (Effective from passage) Not later than January 1, 2022, the
3219-Insurance Commissioner shall report to the Governor and the joint
3220-standing committee of the General Assembly having cognizance of
3221-matters relating to insurance regarding access to insurance by cannabis
3222-establishments.
3223-Sec. 65. (Effective from passage) Not later than January 1, 2023, the
3224-Alcohol and Drug Policy Council, jointly with the Departments of
3225-Public Health, Mental Health and Addiction Services and Children and
3226-Families, shall make recommendations to the Governor and the joint
3227-standing committees of the General Assembly having cognizance of
3228-matters relating to public health, the judiciary and finance, revenue and
3229-bonding regarding (1) efforts to promote public health, science-based
3230-harm reduction, mitigate misuse and the risk of addiction to cannabis
3231-and the effective treatment of addiction to cannabis with a particular
3232-focus on individuals under twenty-one years of age; (2) the collection
3233-and reporting of data to allow for epidemiological surveillance and
3234-review of cannabis consumption and the impacts thereof in the state; (3)
3235-impacts of cannabis legalization on the education, mental health and
3236-social and emotional health of individuals under twenty-one years of
3237-age; and (4) any further measures the state should take to prevent usage
3238-of cannabis by individuals under twenty-one years of age, including,
3239-but not limited to, product restrictions and prevention campaigns.
3240-Sec. 66. Section 21a-408 of the general statutes is repealed and the
3241-following is substituted in lieu thereof (Effective October 1, 2021):
3242-As used in this section, sections 21a-408a to 21a-408o, inclusive, and
3243-sections 21a-408r to 21a-408v, inclusive, unless the context otherwise
3244-requires: Senate Bill No. 1201
3245-
3246-June Sp. Sess., Public Act No. 21-1 101 of 303
3247-
3248-(1) "Advanced practice registered nurse" means an advanced practice
3249-registered nurse licensed pursuant to chapter 378;
3250-(2) "Cannabis establishment" has the same meaning as provided in
3251-section 1 of this act;
3252-[(2)] (3) "Cultivation" includes planting, propagating, cultivating,
3253-growing and harvesting;
3254-[(3)] (4) "Debilitating medical condition" means (A) cancer, glaucoma,
3255-positive status for human immunodeficiency virus or acquired immune
3256-deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to
3257-the nervous tissue of the spinal cord with objective neurological
3258-indication of intractable spasticity, epilepsy or uncontrolled intractable
3259-seizure disorder, cachexia, wasting syndrome, Crohn's disease,
3260-posttraumatic stress disorder, irreversible spinal cord injury with
3261-objective neurological indication of intractable spasticity, cerebral palsy,
3262-cystic fibrosis or terminal illness requiring end-of-life care, except, if the
3263-qualifying patient is under eighteen years of age, "debilitating medical
3264-condition" means terminal illness requiring end-of-life care, irreversible
3265-spinal cord injury with objective neurological indication of intractable
3266-spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled
3267-intractable seizure disorder, or (B) any medical condition, medical
3268-treatment or disease approved for qualifying patients by the
3269-Department of Consumer Protection [pursuant to regulations adopted
3270-under section 21a-408m] and posted online pursuant to section 21a-408l;
3271-(5) "Dispensary facility" means a place of business where marijuana
3272-may be dispensed, sold or distributed in accordance with this chapter
3273-and any regulations adopted thereunder to qualifying patients and
3274-caregivers and for which the department has issued a dispensary facility
3275-license pursuant to this chapter;
3276-(6) "Employee" has the same meaning as provided in section 1 of this Senate Bill No. 1201
3277-
3278-June Sp. Sess., Public Act No. 21-1 102 of 303
3279-
3280-act;
3281-[(4)] (7) "Institutional animal care and use committee" means a
3282-committee that oversees an organization's animal program, facilities
3283-and procedures to ensure compliance with federal policies, guidelines
3284-and principles related to the care and use of animals in research;
3285-[(5)] (8) "Institutional review board" means a specifically constituted
3286-review body established or designated by an organization to protect the
3287-rights and welfare of persons recruited to participate in biomedical,
3288-behavioral or social science research;
3289-[(6)] (9) "Laboratory" means a laboratory located in the state that is
3290-licensed by the department to provide analysis of [controlled substances
3291-pursuant to] marijuana and that meets the licensure requirements set
3292-forth in section 21a-246; [and section 21a-408r;]
3293-[(7)] (10) "Laboratory employee" means a person who is [(A) licensed]
3294-registered as a laboratory employee pursuant to section 21a-408r; [, or
3295-(B) holds a temporary certificate of registration issued pursuant to
3296-section 21a-408r;]
3297-[(8)] (11) "Licensed dispensary" or "dispensary" means [a person] an
3298-individual who is a licensed [as] pharmacist employed by a dispensary
3299-[pursuant to section 21a-408h] facility or hybrid retailer;
3300-[(9) "Licensed producer" or "producer"] (12) "Producer" means a
3301-person who is licensed as a producer pursuant to section 21a-408i;
3302-[(10)] (13) "Marijuana" means marijuana, as defined in section 21a-
3303-240;
3304-[(11)] (14) "Nurse" means a person who is licensed as a nurse under
3305-chapter 378;
3306-[(12)] (15) "Palliative use" means the acquisition, distribution, Senate Bill No. 1201
3307-
3308-June Sp. Sess., Public Act No. 21-1 103 of 303
3309-
3310-transfer, possession, use or transportation of marijuana or paraphernalia
3311-relating to marijuana, including the transfer of marijuana and
3312-paraphernalia relating to marijuana from the patient's [primary]
3313-caregiver to the qualifying patient, to alleviate a qualifying patient's
3314-symptoms of a debilitating medical condition or the effects of such
3315-symptoms, but does not include any such use of marijuana by any
3316-person other than the qualifying patient;
3317-[(13)] (16) "Paraphernalia" means drug paraphernalia, as defined in
3318-section 21a-240;
3319-[(14)] (17) "Physician" means a person who is licensed as a physician
3320-under chapter 370, but does not include a physician assistant, as defined
3321-in section 20-12a;
3322-[(15) "Primary caregiver"] (18) "Caregiver" means a person, other than
3323-the qualifying patient and the qualifying patient's physician or
3324-advanced practice registered nurse, who is eighteen years of age or older
3325-and has agreed to undertake responsibility for managing the well-being
3326-of the qualifying patient with respect to the palliative use of marijuana,
3327-provided (A) in the case of a qualifying patient (i) under eighteen years
3328-of age and not an emancipated minor, or (ii) otherwise lacking legal
3329-capacity, such person shall be a parent, guardian or person having legal
3330-custody of such qualifying patient, and (B) in the case of a qualifying
3331-patient eighteen years of age or older or an emancipated minor, the need
3332-for such person shall be evaluated by the qualifying patient's physician
3333-or advanced practice registered nurse and such need shall be
3334-documented in the written certification;
3335-[(16)] (19) "Qualifying patient" means a person who: (A) Is a resident
3336-of Connecticut, (B) has been diagnosed by a physician or an advanced
3337-practice registered nurse as having a debilitating medical condition, and
3338-(C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or
3339-(iii) has written consent from a custodial parent, guardian or other Senate Bill No. 1201
3340-
3341-June Sp. Sess., Public Act No. 21-1 104 of 303
3342-
3343-person having legal custody of such person that indicates that such
3344-person has permission from such parent, guardian or other person for
3345-the palliative use of marijuana for a debilitating medical condition and
3346-that such parent, guardian or other person will (I) serve as a [primary]
3347-caregiver for the qualifying patient, and (II) control the acquisition and
3348-possession of marijuana and any related paraphernalia for palliative use
3349-on behalf of such person. "Qualifying patient" does not include an
3350-inmate confined in a correctional institution or facility under the
3351-supervision of the Department of Correction;
3352-[(17)] (20) "Research program" means a study approved by the
3353-Department of Consumer Protection in accordance with this chapter
3354-and undertaken to increase information or knowledge regarding the
3355-growth [,] or processing of marijuana, or the medical attributes, dosage
3356-forms, administration or use of marijuana to treat or alleviate symptoms
3357-of any medical conditions or the effects of such symptoms;
3358-[(18)] (21) "Research program employee" means a person who (A) is
3359-[licensed] registered as a research program employee under section 21a-
3360-408t, or (B) holds a temporary certificate of registration issued pursuant
3361-to section 21a-408t;
3362-[(19)] (22) "Research program subject" means a person registered as a
3363-research program subject pursuant to section 21a-408v;
3364-[(20)] (23) "Usable marijuana" means the dried leaves and flowers of
3365-the marijuana plant, and any mixtures or preparations of such leaves
3366-and flowers, that are appropriate for the palliative use of marijuana, but
3367-does not include the seeds, stalks and roots of the marijuana plant; and
3368-[(21)] (24) "Written certification" means a written certification issued
3369-by a physician or an advanced practice registered nurse pursuant to
3370-section 21a-408c.
3371-Sec. 67. Section 21a-408a of the general statutes is repealed and the Senate Bill No. 1201
3372-
3373-June Sp. Sess., Public Act No. 21-1 105 of 303
3374-
3375-following is substituted in lieu thereof (Effective July 1, 2021):
3376-(a) A qualifying patient shall register with the Department of
3377-Consumer Protection pursuant to section 21a-408d prior to engaging in
3378-the palliative use of marijuana. A qualifying patient who has a valid
3379-registration certificate from the Department of Consumer Protection
3380-pursuant to subsection (a) of section 21a-408d and complies with the
3381-requirements of sections 21a-408 to [21a-408n] 21a-408m, inclusive, shall
3382-not be subject to arrest or prosecution, penalized in any manner,
3383-including, but not limited to, being subject to any civil penalty, or denied
3384-any right or privilege, including, but not limited to, being subject to any
3385-disciplinary action by a professional licensing board, for the palliative
3386-use of marijuana if:
3387-(1) The qualifying patient's physician or advanced practice registered
3388-nurse has issued a written certification to the qualifying patient for the
3389-palliative use of marijuana after the physician or advanced practice
3390-registered nurse has prescribed, or determined it is not in the best
3391-interest of the patient to prescribe, prescription drugs to address the
3392-symptoms or effects for which the certification is being issued;
3393-(2) The combined amount of marijuana possessed by the qualifying
3394-patient and the [primary] caregiver for palliative use does not exceed
3395-[an amount of usable marijuana reasonably necessary to ensure
3396-uninterrupted availability for a period of one month, as determined by
3397-the Department of Consumer Protection pursuant to regulations
3398-adopted under section 21a-408m; and] five ounces;
3399-(3) The qualifying patient has not more than one [primary] caregiver
3400-at any time; [.] and
3401-(4) Any cannabis plants grown by the qualifying patient in his or
3402-home is in compliance with subsection (b) of section 21a-408d and any
3403-applicable regulations. Senate Bill No. 1201
3404-
3405-June Sp. Sess., Public Act No. 21-1 106 of 303
3406-
3407-(b) The provisions of subsection (a) of this section do not apply to:
3408-(1) Any palliative use of marijuana that endangers the health or well-
3409-being of a person other than the qualifying patient or the [primary]
3410-caregiver; or
3411-(2) The ingestion of marijuana (A) in a motor bus or a school bus or
3412-in any other moving vehicle, (B) in the workplace, (C) on any school
3413-grounds or any public or private school, dormitory, college or university
3414-property, unless such college or university is participating in a research
3415-program and such use is pursuant to the terms of the research program,
3416-(D) in any public place, or (E) in the presence of a person under the age
3417-of eighteen, unless such person is a qualifying patient or research
3418-program subject. For the purposes of this subdivision, (i) "presence"
3419-means within the direct line of sight of the palliative use of marijuana or
3420-exposure to second-hand marijuana smoke, or both; (ii) "public place"
3421-means any area that is used or held out for use by the public whether
3422-owned or operated by public or private interests; (iii) "vehicle" means a
3423-vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus,
3424-as defined in section 14-1; and (v) "school bus" means a school bus, as
3425-defined in section 14-1.
3426-Sec. 68. Section 21a-408b of the general statutes is repealed and the
3427-following is substituted in lieu thereof (Effective July 1, 2021):
3428-(a) No person may serve as a [primary] caregiver for a qualifying
3429-patient (1) unless such qualifying patient has a valid registration
3430-certificate from the Department of Consumer Protection pursuant to
3431-subsection (a) of section 21a-408d, and (2) if such person has been
3432-convicted of a violation of any law pertaining to the illegal manufacture,
3433-sale or distribution of a controlled substance. A [primary] caregiver may
3434-not be responsible for the care of more than one qualifying patient at
3435-any time, except that a [primary] caregiver may be responsible for the
3436-care of more than one qualifying patient if the [primary] caregiver and Senate Bill No. 1201
3437-
3438-June Sp. Sess., Public Act No. 21-1 107 of 303
3439-
3440-each qualifying patient have a parental, guardianship, conservatorship
3441-or sibling relationship.
3442-(b) A [primary] caregiver who has a valid registration certificate from
3443-the Department of Consumer Protection pursuant to subsection (a) of
3444-section 21a-408d and complies with the requirements of sections 21a-408
3445-to [21a-408n] 21a-408m, inclusive, shall not be subject to arrest or
3446-prosecution, penalized in any manner, including, but not limited to,
3447-being subject to any civil penalty, or denied any right or privilege,
3448-including, but not limited to, being subject to any disciplinary action by
3449-a professional licensing board, for the acquisition, distribution,
3450-possession or transportation of marijuana or paraphernalia related to
3451-marijuana on behalf of such [primary] caregiver's qualifying patient,
3452-provided [(1)] the amount of any marijuana so acquired, distributed,
3453-possessed or transported, together with the combined amount of usable
3454-marijuana possessed by the qualifying patient and the [primary]
3455-caregiver, does not exceed [an amount reasonably necessary to ensure
3456-uninterrupted availability for a period of one month, as determined by
3457-the Department of Consumer Protection pursuant to regulations
3458-adopted under section 21a-408m, and (2) such amount is obtained solely
3459-within this state from a licensed dispensary. Any person with a valid
3460-registration certificate who is found to be in possession of marijuana that
3461-did not originate from the selected dispensary may be subject to a
3462-hearing before the commissioner for possible enforcement action
3463-concerning the registration certificate issued by the department] five
3464-ounces. For the purposes of this subsection, "distribution" or
3465-"distributed" means the transfer of marijuana and paraphernalia related
3466-to marijuana from the [primary] caregiver to the qualifying patient.
3467-(c) A dispensary facility shall not dispense any [marijuana] cannabis
3468-product, as defined in section 1 of this act, in a smokable, inhalable or
3469-vaporizable form to a [primary] caregiver for a qualifying patient who
3470-is under eighteen years of age. Senate Bill No. 1201
3471-
3472-June Sp. Sess., Public Act No. 21-1 108 of 303
3473-
3474-Sec. 69. Section 21a-408c of the general statutes is repealed and the
3475-following is substituted in lieu thereof (Effective July 1, 2021):
3476-(a) A physician or an advanced practice registered nurse may issue a
3477-written certification to a qualifying patient that authorizes the palliative
3478-use of marijuana by the qualifying patient. Such written certification
3479-shall be in the form prescribed by the Department of Consumer
3480-Protection and shall include a statement signed and dated by the
3481-qualifying patient's physician or advanced practice registered nurse
3482-stating that, in such physician's or advanced practice registered nurse's
3483-professional opinion, the qualifying patient has a debilitating medical
3484-condition and the potential benefits of the palliative use of marijuana
3485-would likely outweigh the health risks of such use to the qualifying
3486-patient.
3487-(b) Any written certification for the palliative use of marijuana issued
3488-by a physician or an advanced practice registered nurse under
3489-subsection (a) of this section shall be valid for a period not to exceed one
3490-year from the date such written certification is signed and dated by the
3491-physician or advanced practice registered nurse. Not later than ten
3492-calendar days after the expiration of such period, or at any time before
3493-the expiration of such period should the qualifying patient no longer
3494-wish to possess marijuana for palliative use, the qualifying patient or
3495-the [primary] caregiver shall destroy all usable marijuana possessed by
3496-the qualifying patient and the [primary] caregiver for palliative use.
3497-(c) A physician or an advanced practice registered nurse shall not be
3498-subject to arrest or prosecution, penalized in any manner, including, but
3499-not limited to, being subject to any civil penalty, or denied any right or
3500-privilege, including, but not limited to, being subject to any disciplinary
3501-action by the Connecticut Medical Examining Board, the Connecticut
3502-State Board of Examiners for Nursing or other professional licensing
3503-board, for providing a written certification for the palliative use of
3504-marijuana under subdivision (1) of subsection (a) of section 21a-408a if: Senate Bill No. 1201
3505-
3506-June Sp. Sess., Public Act No. 21-1 109 of 303
3507-
3508-(1) The physician or advanced practice registered nurse has
3509-diagnosed the qualifying patient as having a debilitating medical
3510-condition;
3511-(2) The physician or advanced practice registered nurse has explained
3512-the potential risks and benefits of the palliative use of marijuana to the
3513-qualifying patient and, if the qualifying patient lacks legal capacity, to a
3514-parent, guardian or person having legal custody of the qualifying
3515-patient;
3516-(3) The written certification issued by the physician or advanced
3517-practice registered nurse is based upon the physician's or advanced
3518-practice registered nurse's professional opinion after having completed
3519-a medically reasonable assessment of the qualifying patient's medical
3520-history and current medical condition made in the course of a bona fide
3521-health care professional-patient relationship; and
3522-(4) The physician or advanced practice registered nurse has no
3523-financial interest in a [dispensary licensed under section 21a-408h or a
3524-producer licensed under section 21a-408i] cannabis establishment,
3525-except for retailers and delivery services, as such terms are defined in
3526-section 1 of this act.
3527-(d) A nurse shall not be subject to arrest or prosecution, penalized in
3528-any manner, including, but not limited to, being subject to any civil
3529-penalty, or denied any right or privilege, including, but not limited to,
3530-being subject to any disciplinary action by the Board of Examiners for
3531-Nursing, or other professional licensing board, for administering
3532-marijuana to a qualifying patient or research program subject in a
3533-hospital or health care facility licensed by the Department of Public
3534-Health.
3535-(e) Notwithstanding the provisions of this section, sections 21a-408 to
3536-21a-408b, inclusive, and sections 21a-408d to 21a-408o, inclusive, an Senate Bill No. 1201
3537-
3538-June Sp. Sess., Public Act No. 21-1 110 of 303
3539-
3540-advanced practice registered nurse shall not issue a written certification
3541-to a qualifying patient when the qualifying patient's debilitating medical
3542-condition is glaucoma.
3543-Sec. 70. Section 21a-408d of the general statutes is repealed and the
3544-following is substituted in lieu thereof (Effective October 1, 2021):
3545-(a) Each qualifying patient who is issued a written certification for the
3546-palliative use of marijuana under subdivision (1) of subsection (a) of
3547-section 21a-408a, and the [primary] caregiver of such qualifying patient,
3548-shall register with the Department of Consumer Protection. Such
3549-registration shall be effective from the date the Department of
3550-Consumer Protection issues a certificate of registration until the
3551-expiration of the written certification issued by the physician or
3552-advanced practice registered nurse. The qualifying patient and the
3553-[primary] caregiver shall provide sufficient identifying information, as
3554-determined by the department, to establish the personal identity of the
3555-qualifying patient and the [primary] caregiver. If the qualifying patient
3556-is under eighteen years of age and not an emancipated minor, the
3557-custodial parent, guardian or other person having legal custody of the
3558-qualifying patient shall also provide a letter from both the qualifying
3559-patient's [primary] care provider and a physician who is board certified
3560-in an area of medicine involved in the treatment of the debilitating
3561-condition for which the qualifying patient was certified that confirms
3562-that the palliative use of marijuana is in the best interest of the qualifying
3563-patient. A physician may issue a written certification for the palliative
3564-use of marijuana by a qualifying patient who is under eighteen years of
3565-age, provided such written certification shall not be for marijuana in a
3566-dosage form that requires that the marijuana be smoked, inhaled or
3567-vaporized. The qualifying patient or the [primary] caregiver shall report
3568-any change in the identifying information to the department not later
3569-than five business days after such change. The department shall issue a
3570-registration certificate to the qualifying patient and to the [primary] Senate Bill No. 1201
3571-
3572-June Sp. Sess., Public Act No. 21-1 111 of 303
3573-
3574-caregiver and may charge a reasonable fee, not to exceed twenty-five
3575-dollars, for each registration certificate issued under this subsection.
3576-Any registration fees collected by the department under this subsection
3577-shall be paid to the State Treasurer and credited to the General Fund.
3578-[(b) The qualifying patient, or, if the qualifying patient is under
3579-eighteen years of age and not an emancipated minor, the custodial
3580-parent, guardian or other person having legal custody of the qualifying
3581-patient, shall select a licensed, in-state dispensary to obtain the palliative
3582-marijuana products at the time of registration. Upon the issuance of the
3583-certificate of registration by the department, the qualifying patient, or
3584-the qualifying patient's custodial parent, guardian or other person
3585-having legal custody of the qualifying patient, shall purchase such
3586-palliative marijuana products from such dispensary, except that the
3587-qualifying patient, or the qualifying patient's custodial parent, guardian
3588-or other person having legal custody of the qualifying patient, may
3589-change such dispensary in accordance with regulations adopted by the
3590-department. Any person with a valid registration certificate who is
3591-found to be in possession of marijuana that did not originate from the
3592-selected dispensary may be subject to hearing before the commissioner
3593-for possible enforcement action concerning the registration certificate
3594-issued by the department.]
3595-(b) Any qualifying patient who is eighteen years of age or older may
3596-cultivate up to three mature cannabis plants and three immature
3597-cannabis plants in the patient's primary residence at any given time,
3598-provided such plants are secure from access by any individual other
3599-than the patient or patient's caregiver and no more than twelve cannabis
3600-plants may be grown per household.
3601-(c) A dispensary shall not dispense any marijuana products in a
3602-smokable, inhalable or vaporizable form to a qualifying patient who is
3603-under eighteen years of age or such qualifying patient's caregiver. Senate Bill No. 1201
3604-
3605-June Sp. Sess., Public Act No. 21-1 112 of 303
3606-
3607-(d) Information obtained under this section shall be confidential and
3608-shall not be subject to disclosure under the Freedom of Information Act,
3609-as defined in section 1-200, except that reasonable access to registry
3610-information obtained under this section [and temporary registration
3611-information obtained under section 21a-408n] shall be provided to: (1)
3612-State agencies, federal agencies and local law enforcement agencies for
3613-the purpose of investigating or prosecuting a violation of law; (2)
3614-physicians, advanced practice registered nurses and pharmacists for the
3615-purpose of providing patient care and drug therapy management and
3616-monitoring controlled substances obtained by the qualifying patient; (3)
3617-public or private entities for research or educational purposes, provided
3618-no individually identifiable health information may be disclosed; (4) a
3619-licensed dispensary for the purpose of complying with sections 21a-408
3620-to [21a-408n] 21a-408m, inclusive; (5) a qualifying patient, but only with
3621-respect to information related to such qualifying patient or such
3622-qualifying patient's [primary] caregiver; or (6) a [primary] caregiver, but
3623-only with respect to information related to such [primary] caregiver's
3624-qualifying patient.
3625-Sec. 71. Section 21a-408f of the general statutes is repealed and the
3626-following is substituted in lieu thereof (Effective July 1, 2021):
3627-Any marijuana, paraphernalia relating to marijuana, or other
3628-property seized by law enforcement officials from a qualifying patient
3629-or a [primary] caregiver in connection with the claimed palliative use of
3630-marijuana under sections 21a-408 to [21a-408n] 21a-408m, inclusive,
3631-shall be returned to the qualifying patient or the [primary] caregiver
3632-immediately upon the determination by a court that the qualifying
3633-patient or the [primary] caregiver is entitled to the palliative use of
3634-marijuana under sections 21a-408 to [21a-408n] 21a-408m, inclusive, as
3635-evidenced by a decision not to prosecute, a dismissal of charges or an
3636-acquittal. The provisions of this section do not apply to any qualifying
3637-patient or [primary] caregiver who fails to comply with the Senate Bill No. 1201
3638-
3639-June Sp. Sess., Public Act No. 21-1 113 of 303
3640-
3641-requirements for the palliative use of marijuana under sections 21a-408
3642-to [21a-408n] 21a-408m, inclusive.
3643-Sec. 72. Section 21a-408h of the general statutes is repealed and the
3644-following is substituted in lieu thereof (Effective July 1, 2021):
3645-(a) No person may act as a dispensary or represent that such person
3646-is a licensed dispensary unless such person has obtained a license from
3647-the Commissioner of Consumer Protection pursuant to this section.
3648-(b) No person may act as a dispensary facility or represent that such
3649-person is a licensed dispensary facility unless such person has obtained
3650-a license from the Commissioner of Consumer Protection pursuant to
3651-this section.
3652-[(b)] (c) The Commissioner of Consumer Protection shall determine
3653-the number of [dispensaries] dispensary facilities appropriate to meet
3654-the needs of qualifying patients in this state and shall adopt regulations,
3655-in accordance with chapter 54, to provide for the licensure and
3656-standards for [dispensaries] dispensary facilities in this state and specify
3657-the maximum number of [dispensaries] dispensary facilities that may
3658-be licensed in this state. On and after the effective date of such
3659-regulations, the commissioner may license any person who applies for
3660-a license in accordance with such regulations, provided [(1)] the
3661-commissioner deems such applicant qualified to acquire, possess,
3662-distribute and dispense marijuana pursuant to sections 21a-408 to [21a-
3663-408n] 21a-408m, inclusive. [, (2) the applicant is a pharmacist licensed
3664-under chapter 400j, and (3) the number of dispensary licenses issued
3665-does not exceed the number appropriate to meet the needs of qualifying
3666-patients in this state, as determined by the commissioner pursuant to
3667-this subsection.] At a minimum, such regulations shall:
3668-[(A)] (1) Indicate the maximum number of [dispensaries] dispensary
3669-facilities that may be licensed in this state; Senate Bill No. 1201
3670-
3671-June Sp. Sess., Public Act No. 21-1 114 of 303
3672-
3673-[(B) Provide that only a pharmacist licensed under chapter 400j may
3674-apply for and receive a dispensary license;]
3675-[(C)] (2) Provide that no marijuana may be dispensed from, obtained
3676-from or transferred to a location outside of this state;
3677-[(D)] (3) Establish a licensing fee and renewal fee for each [licensed]
3678-dispensary facility, provided such fees shall not be less than the amount
3679-necessary to cover the direct and indirect cost of licensing and
3680-regulating [dispensaries] dispensary facilities pursuant to sections 21a-
3681-408 to [21a-408n] 21a-408m, inclusive;
3682-[(E)] (4) Provide for renewal of such dispensary facility licenses at
3683-least every two years;
3684-[(F)] (5) Describe areas in this state where [licensed dispensaries]
3685-dispensary facilities may not be located, after considering the criteria for
3686-the location of retail liquor permit premises set forth in subsection (a) of
3687-section 30-46;
3688-[(G)] (6) Establish health, safety and security requirements for
3689-[licensed dispensaries] dispensary facilities, which may include, but
3690-need not be limited to: [(i)] (A) The ability to maintain adequate control
3691-against the diversion, theft and loss of marijuana acquired or possessed
3692-by the [licensed] dispensary facility, and [(ii)] (B) the ability to maintain
3693-the knowledge, understanding, judgment, procedures, security controls
3694-and ethics to ensure optimal safety and accuracy in the distributing,
3695-dispensing and use of palliative marijuana;
3696-[(H)] (7) Establish standards and procedures for revocation,
3697-suspension, summary suspension and nonrenewal of dispensary facility
3698-licenses, provided such standards and procedures are consistent with
3699-the provisions of subsection (c) of section 4-182; and
3700-[(I)] (8) Establish other licensing, renewal and operational standards Senate Bill No. 1201
3701-
3702-June Sp. Sess., Public Act No. 21-1 115 of 303
3703-
3704-deemed necessary by the commissioner.
3705-[(c)] (d) Any fees collected by the Department of Consumer
3706-Protection under this section shall be paid to the State Treasurer and
3707-credited to the General Fund.
3708-[(d)] (e) On or before January 1, 2017, and annually thereafter, each
3709-[licensed] dispensary facility shall report data to the Department of
3710-Consumer Protection relating to the types, mixtures and dosages of
3711-palliative marijuana dispensed by such dispensary facility. A report
3712-prepared pursuant to this subsection shall be in such form as may be
3713-prescribed by the Commissioner of Consumer Protection.
3714-Sec. 73. Section 21a-408j of the general statutes is repealed and the
3715-following is substituted in lieu thereof (Effective October 1, 2021):
3716-(a) No [licensed] dispensary facility or employee of the dispensary
3717-facility may: (1) Acquire marijuana from a person other than a [licensed]
3718-producer [; (2) distribute or dispense] from a cultivator, micro-
3719-cultivator, product manufacturer, food and beverage manufacturer,
3720-product packager, or transporter, as such terms are defined in section 1
3721-of this act; (2) transfer or transport marijuana to a person who is not (A)
3722-a qualifying patient registered under section 21a-408d; [or 21a-408n;] (B)
3723-a [primary] caregiver of such qualifying patient; (C) a hospice or other
3724-inpatient care facility licensed by the Department of Public Health
3725-pursuant to chapter 368v that has a protocol for the handling and
3726-distribution of marijuana that has been approved by the Department of
3727-Consumer Protection; (D) a laboratory; [or] (E) an organization engaged
3728-in a research program; (F) a delivery service, as defined in section 1 of
3729-this act; or (G) a transporter, as defined in section 1 of this act; or (3)
3730-obtain or transport marijuana outside of this state in violation of state or
3731-federal law.
3732-(b) No [licensed] dispensary or employee of the dispensary facility Senate Bill No. 1201
3733-
3734-June Sp. Sess., Public Act No. 21-1 116 of 303
3735-
3736-acting within the scope of his or her employment shall be subject to
3737-arrest or prosecution [,] or penalized in any manner, including, but not
3738-limited to, being subject to any civil penalty, or denied any right or
3739-privilege, including, but not limited to, being subject to any disciplinary
3740-action by a professional licensing board, for acquiring, possessing,
3741-distributing or dispensing marijuana pursuant to sections 21a-408 to
3742-[21a-408n] 21a-408m, inclusive.
3743-Sec. 74. Section 21a-408k of the general statutes is repealed and the
3744-following is substituted in lieu thereof (Effective July 1, 2021):
3745-(a) No [licensed] producer or employee of the producer may: (1) Sell,
3746-deliver, transport or distribute marijuana to a person who is not (A) a
3747-[licensed dispensary] cannabis establishment, (B) a laboratory, or (C) an
3748-organization engaged in a research program, or (2) obtain or transport
3749-marijuana outside of this state in violation of state or federal law.
3750-(b) No licensed producer or employee of the producer acting within
3751-the scope of his or her employment shall be subject to arrest or
3752-prosecution [,] or penalized in any manner, including, but not limited
3753-to, being subject to any civil penalty, or denied any right or privilege,
3754-including, but not limited to, being subject to any disciplinary action by
3755-a professional licensing board, for cultivating marijuana or selling,
3756-delivering, transferring, transporting or distributing marijuana to
3757-[licensed dispensaries under sections 21a-408 to 21a-408n, inclusive] a
3758-cannabis establishment, laboratory or research program.
3759-Sec. 75. Section 21a-408m of the general statutes is repealed and the
3760-following is substituted in lieu thereof (Effective October 1, 2021):
3761-(a) The Commissioner of Consumer Protection may adopt
3762-regulations, in accordance with chapter 54, to establish (1) a standard
3763-form for written certifications for the palliative use of marijuana issued
3764-by physicians and advanced practice registered nurses under Senate Bill No. 1201
3765-
3766-June Sp. Sess., Public Act No. 21-1 117 of 303
3767-
3768-subdivision (1) of subsection (a) of section 21a-408a, and (2) procedures
3769-for registrations under section 21a-408d. Such regulations, if any, shall
3770-be adopted after consultation with the Board of Physicians established
3771-in section 21a-408l.
3772-(b) The Commissioner of Consumer Protection shall adopt
3773-regulations, in accordance with chapter 54, to establish a reasonable fee
3774-to be collected from each qualifying patient to whom a written
3775-certification for the palliative use of marijuana is issued under
3776-subdivision (1) of subsection (a) of section 21a-408a, for the purpose of
3777-offsetting the direct and indirect costs of administering the provisions
3778-of sections 21a-408 to [21a-408n] 21a-408m, inclusive. The commissioner
3779-shall collect such fee at the time the qualifying patient registers with the
3780-Department of Consumer Protection under subsection (a) of section 21a-
3781-408d. Such fee shall be in addition to any registration fee that may be
3782-charged under said subsection. The fees required to be collected by the
3783-commissioner from qualifying patients under this subsection shall be
3784-paid to the State Treasurer and credited to the General Fund.
3785-(c) The Commissioner of Consumer Protection shal l adopt
3786-[regulations, in accordance with chapter 54, to implement the provisions
3787-of sections 21a-408 to 21a-408g, inclusive, and section 21a-408l. At a
3788-minimum, such regulations shall] or amend regulations, as applicable,
3789-in accordance with chapter 54, to implement the provisions of sections
3790-21a-408 to 21a-408g, inclusive, and section 21a-408l. Notwithstanding
3791-the requirements of sections 4-168 to 4-172, inclusive, in order to
3792-effectuate the purposes of sections 21a-408 to 21a-408g, inclusive, and
3793-section 21a-408l, and protect public health and safety, prior to adopting
3794-or amending such regulations the commissioner shall adopt policies and
3795-procedures to implement the provisions of sections 21a-408 to 21a-408g,
3796-inclusive, and section 21a-408 that shall have the force and effect of law.
3797-The commissioner shall post all policies and procedures on the
3798-department's Internet web site, and submit such policies and Senate Bill No. 1201
3799-
3800-June Sp. Sess., Public Act No. 21-1 118 of 303
3801-
3802-procedures to the Secretary of the State for posting on the eRegulations
3803-System, at least fifteen days prior to the effective date of any policy or
3804-procedure. Any such policy or procedure shall no longer be effective
3805-upon the earlier of either adoption of such policies or procedures as a
3806-final regulation pursuant to section 4-172 or forty-eight months from
3807-October 1, 2021, if such policies or procedures have not been submitted
3808-to the legislative regulation review committee for consideration under
3809-section 4-170. Such policies and procedures and regulations shall
3810-include, but not be limited to, how the department shall:
3811-(1) [Govern the manner in which the department considers] Accept
3812-applications for the issuance and renewal of registration certificates for
3813-qualifying patients and [primary] caregivers; [, and establish any
3814-additional information to be contained in such registration certificates;]
3815-[(2) Define the protocols for determining the amount of usable
3816-marijuana that is necessary to constitute an adequate supply to ensure
3817-uninterrupted availability for a period of one month, including amounts
3818-for topical treatments;]
3819-[(3)] (2) Establish criteria for adding medical conditions, medical
3820-treatments or diseases to the list of debilitating medical conditions that
3821-qualify for the palliative use of marijuana;
3822-[(4)] (3) Establish a petition process under which members of the
3823-public may submit petitions, [in such manner and in such form as
3824-prescribed in the regulations,] regarding the addition of medical
3825-conditions, medical treatments or diseases to the list of debilitating
3826-medical conditions;
3827-[(5) Establish a process for public comment and public hearings
3828-before the board regarding the addition of medical conditions, medical
3829-treatments or diseases to the list of debilitating medical conditions,
3830-medical treatments or diseases; Senate Bill No. 1201
3831-
3832-June Sp. Sess., Public Act No. 21-1 119 of 303
3833-
3834-(6) Add additional medical conditions, medical treatments or
3835-diseases to the list of debilitating medical conditions that qualify for the
3836-palliative use of marijuana as recommended by the board; and]
3837-(4) Establish requirements for the growing of cannabis plants by a
3838-qualifying patient in his or her primary residence as authorized under
3839-section 21a-408d, including requirements for securing such plants to
3840-prevent access by any individual other than the patient or the patient's
3841-caregiver, the location of such plants and any other requirements
3842-necessary to protect public health or safety;
3843-[(7)] (5) Develop a distribution system for marijuana for palliative use
3844-that provides for:
3845-(A) Marijuana production facilities within this state that are housed
3846-on secured grounds and operated by [licensed] producers; [and]
3847-(B) The transfer of marijuana between dispensary facilities; and
3848-[(B)] (C) Distribution of marijuana for palliative use to qualifying
3849-patients or their [primary] caregivers by [licensed dispensaries.]
3850-dispensary facilities, hybrid retailers and delivery services, as such
3851-terms are defined in section 1 of this act; and
3852-(6) Ensure an adequate supply and variety of marijuana to dispensary
3853-facilities and hybrid retailers to ensure uninterrupted availability for
3854-qualifying patients, based on historical marijuana purchase patterns by
3855-qualifying patients.
3856-[(d) The commissioner shall submit regulations pursuant to
3857-subsections (b) and (c) of this section to the standing legislative
3858-regulation review committee not later than July 1, 2013.]
3859-Sec. 76. Section 21a-408l of the general statutes is repealed and the
3860-following is substituted in lieu thereof (Effective October 1, 2021): Senate Bill No. 1201
3861-
3862-June Sp. Sess., Public Act No. 21-1 120 of 303
3863-
3864-(a) The Commissioner of Consumer Protection shall establish a Board
3865-of Physicians consisting of eight physicians or surgeons who are
3866-knowledgeable about the palliative use of marijuana and certified by the
3867-appropriate American board in the medical specialty in which they
3868-practice, at least one of whom shall be a board certified pediatrician
3869-appointed in consultation with the Connecticut Chapter of the
3870-American Academy of Pediatrics. Four of the members of the board first
3871-appointed shall serve for a term of three years and four of the members
3872-of the board first appointed shall serve for a term of four years.
3873-Thereafter, members of the board shall serve for a term of four years and
3874-shall be eligible for reappointment. Any member of the board may serve
3875-until a successor is appointed. The Commissioner of Consumer
3876-Protection shall serve as an ex-officio member of the board, and shall
3877-select a chairperson from among the members of the board.
3878-(b) A quorum of the Board of Physicians shall consist of four
3879-members.
3880-(c) The Board of Physicians shall:
3881-(1) Review and recommend to the Department of Consumer
3882-Protection for approval the debilitating medical conditions, medical
3883-treatments or diseases to be added to the list of debilitating medical
3884-conditions that qualify for the palliative use of marijuana for qualifying
3885-patients eighteen years of age or older;
3886-(2) Review and recommend to the Depa rtment of Consumer
3887-Protection for approval any illnesses that are severely debilitating, as
3888-defined in 21 CFR 312.81(b), to be added to the list of debilitating
3889-medical conditions that qualify for the palliative use of marijuana for
3890-qualifying patients under eighteen years of age, taking into account,
3891-among other things, the effect of the palliative use of marijuana on the
3892-brain development of such patients, which recommendations shall be
3893-accepted or rejected by the commissioner in his or her discretion; Senate Bill No. 1201
3894-
3895-June Sp. Sess., Public Act No. 21-1 121 of 303
3896-
3897-(3) Accept and review petitions to add medical conditions, medical
3898-treatments or diseases to the list of debilitating medical conditions that
3899-qualify for the palliative use of marijuana;
3900-(4) Convene [at least twice per year] as necessary to conduct public
3901-hearings and to evaluate petitions, which shall be maintained as
3902-confidential pursuant to subsection (e) of this section, for the purpose of
3903-adding medical conditions, medical treatments or diseases to the list of
3904-debilitating medical conditions that qualify for the palliative use of
3905-marijuana;
3906-(5) Review and recommend to the Department of Consumer
3907-Protection protocols for determining the amounts of marijuana that may
3908-be reasonably necessary to ensure uninterrupted availability for a
3909-period of one month for qualifying patients, including amounts for
3910-topical treatments; and
3911-(6) Perform other duties related to the palliative use of marijuana
3912-upon the request of the Commissioner of Consumer Protection.
3913-(d) The Board of Physicians may review the list of debilitating
3914-medical conditions that qualify for the palliative use of marijuana and
3915-make recommendations to the joint standing committees of the General
3916-Assembly having cognizance of matters relating to general law and
3917-public health for the removal of a debilitating medical condition,
3918-medical treatment or disease from such list.
3919-(e) Any individually identifiable health information contained in a
3920-petition received under this section shall be confidential and shall not
3921-be subject to disclosure under the Freedom of Information Act, as
3922-defined in section 1-200.
3923-(f) On and after October 1, 2021, conditions added pursuant to this
3924-section to the list of debilitating medical conditions that qualify for the
3925-palliative use of marijuana shall be posted by the commissioner on the Senate Bill No. 1201
3926-
3927-June Sp. Sess., Public Act No. 21-1 122 of 303
3928-
3929-Department of Consumer Protection's Internet web site.
3930-Notwithstanding the requirements of sections 4-168 to 4-172, inclusive,
3931-the list of debilitating medical conditions that qualify for the palliative
3932-use of marijuana shall be deemed approved and effective without
3933-further action as of the date such conditions are posted on the
3934-Department of Consumer Protection's Internet web site.
3935-Sec. 77. Section 21a-408p of the general statutes is repealed and the
3936-following is substituted in lieu thereof (Effective July 1, 2021):
3937-(a) For the purposes of this section:
3938-(1) "Action" has the meaning provided in section 47a-1;
3939-(2) "Dwelling unit" has the meaning provided in section 47a-1;
3940-(3) "Employer" means a person engaged in business who has one or
3941-more employees, including the state and any political subdivision of the
3942-state;
3943-(4) "Landlord" has the meaning provided in section 47a-1;
3944-(5) "Palliative use" has the meaning provided in section 21a-408;
3945-(6) ["Primary caregiver"] "Caregiver" has the meaning provided in
3946-section 21a-408;
3947-(7) "Qualifying patient" has the meaning provided in section 21a-408;
3948-(8) "School" means a public or private elementary or secondary school
3949-in this state or a public or private institution of higher education in this
3950-state; and
3951-(9) "Tenant" has the meaning provided in section 47a-1.
3952-(b) Unless required by federal law or required to obtain federal
3953-funding: Senate Bill No. 1201
3954-
3955-June Sp. Sess., Public Act No. 21-1 123 of 303
3956-
3957-(1) No school may refuse to enroll any person or discriminate against
3958-any student solely on the basis of such person's or student's status as a
3959-qualifying patient or [primary] caregiver under sections 21a-408 to [21a-
3960-408n] 21a-408m, inclusive;
3961-(2) No landlord may refuse to rent a dwelling unit to a person or take
3962-action against a tenant solely on the basis of such person's or tenant's
3963-status as a qualifying patient or [primary] caregiver under sections 21a-
3964-408 to [21a-408n] 21a-408m, inclusive; and
3965-(3) No employer may refuse to hire a person or may discharge,
3966-penalize or threaten an employee solely on the basis of such person's or
3967-employee's status as a qualifying patient or [primary] caregiver under
3968-sections 21a-408 to [21a-408n] 21a-408m, inclusive. Nothing in this
3969-subdivision shall restrict an employer's ability to prohibit the use of
3970-intoxicating substances during work hours or restrict an employer's
3971-ability to discipline an employee for being under the influence of
3972-intoxicating substances during work hours.
3973-(c) Nothing in this section shall be construed to permit the palliative
3974-use of marijuana in violation of subsection (b) of section 21a-408a.
3975-Sec. 78. Section 21a-408r of the general statutes is repealed and the
3976-following is substituted in lieu thereof (Effective October 1, 2021):
3977-(a) No person may act as a laboratory or represent that such person
3978-is a laboratory unless such person has (1) obtained a license from the
3979-Commissioner of Consumer Protection pursuant to this section, or (2)
3980-(A) been granted approval by the Commissioner of Consumer
3981-Protection as of October 1, 2021, and (B) submitted an application to the
3982-Commissioner of Consumer Protection for licensure pursuant to this
3983-section in a form and manner prescribed by the commissioner. Such
3984-person may continue to act as a laboratory until such application for
3985-licensure under this section is approved or denied by the Commissioner Senate Bill No. 1201
3986-
3987-June Sp. Sess., Public Act No. 21-1 124 of 303
3988-
3989-of Consumer Protection.
3990-[(a)] (b) Except as provided in subsection [(b)] (c) of this section, no
3991-person may act as a laboratory employee or represent that such person
3992-is a [licensed] laboratory employee unless such person has obtained a
3993-[license] registration from the Commissioner of Consumer Protection
3994-pursuant to this section.
3995-[(b)] (c) Prior to the effective date of regulations adopted under this
3996-section, the Commissioner of Consumer Protection may issue a
3997-temporary certificate of registration to a laboratory employee. The
3998-commissioner shall prescribe the standards, procedures and fees for
3999-obtaining a temporary certificate of registration as a laboratory
4000-employee.
4001-[(c)] (d) The Commissioner of Consumer Protection shall adopt
4002-regulations, in accordance with chapter 54, to (1) provide for the
4003-licensure or registration of laboratories and laboratory employees, (2)
4004-establish standards and procedures for the revocation, suspension,
4005-summary suspension and nonrenewal of laboratory licenses and
4006-laboratory employee [licenses] registrations, provided such standards
4007-and procedures are consistent with the provisions of subsection (c) of
4008-section 4-182, (3) establish a license [and] or registration renewal fee for
4009-each licensed laboratory and [licensed] registered laboratory employee,
4010-provided the aggregate amount of such license, registration and renewal
4011-fees shall not be less than the amount necessary to cover the direct and
4012-indirect cost of licensing, registering and regulating laboratories and
4013-laboratory employees in accordance with the provisions of this chapter,
4014-and (4) establish other licensing, registration, renewal and operational
4015-standards deemed necessary by the commissioner.
4016-[(d)] (e) Any fees collected by the Department of Consumer
4017-Protection under this section shall be paid to the State Treasurer and
4018-credited to the General Fund. Senate Bill No. 1201
4019-
4020-June Sp. Sess., Public Act No. 21-1 125 of 303
4021-
4022-Sec. 79. Section 21a-408t of the general statutes is repealed and the
4023-following is substituted in lieu thereof (Effective July 1, 2021):
4024-(a) The Commissioner of Consumer Protection may approve a
4025-research program if such research program will (1) be administered or
4026-overseen by (A) a hospital or health care facility licensed by the
4027-Connecticut Department of Public Health pursuant to chapter 368v, (B)
4028-an institution of higher education, as defined in section 10a-55, (C) a
4029-[licensed] producer, micro-cultivator, cultivator, food and beverage
4030-manufacturer product packager or product manufacturer, as such terms
4031-are defined in section 1 of this act, or (D) a [licensed] dispensary facility,
4032-hybrid retailer or retailer, as such terms are defined in section 1 of this
4033-act, and (2) have institutional review board oversight and, if the research
4034-program involves the use of animals, have an institutional animal care
4035-and use committee.
4036-(b) Except as provided in subsection (c) of this section, no person may
4037-act as a research program employee or represent that such person is a
4038-[licensed] registered research program employee unless such person has
4039-obtained a [license] registration from the Commissioner of Consumer
4040-Protection pursuant to this section.
4041-[(c) Prior to the effective date of regulations adopted under this
4042-section, the Commissioner of Consumer Protection may issue a
4043-temporary certificate of registration to a research program employee.
4044-The commissioner shall prescribe the standards, procedures and fees for
4045-obtaining a temporary certificate of registration as a research program
4046-employee.]
4047-[(d)] (c) The Commissioner of Consumer Protection shall adopt
4048-regulations, in accordance with chapter 54, to (1) provide for the
4049-approval of research programs and [licensure] registration of research
4050-program employees, (2) establish standards and procedures for the
4051-termination or suspension of a research program, (3) establish standards Senate Bill No. 1201
4052-
4053-June Sp. Sess., Public Act No. 21-1 126 of 303
4054-
4055-and procedures for the revocation, suspension, summary suspension
4056-and nonrenewal of a research program employee [license] registration,
4057-provided such standards and procedures are consistent with the
4058-provisions of subsection (c) of section 4-182, (4) establish a (A) fee for
4059-research program review and approval, and (B) [license] registration
4060-and renewal fee for each research program employee, provided the
4061-aggregate amount of such fees shall not be less than the amount
4062-necessary to cover the direct and indirect cost of approving research
4063-programs and [licensing] registering and regulating research program
4064-employees pursuant to the provisions of this chapter, and (5) establish
4065-other licensing, registration, renewal and operational standards deemed
4066-necessary by the commissioner.
4067-[(e)] (d) Any fees collected by the Department of Consumer
4068-Protection under this section shall be paid to the State Treasurer and
4069-credited to the General Fund.
4070-Sec. 80. Section 21a-408s of the general statutes is repealed and the
4071-following is substituted in lieu thereof (Effective July 1, 2021):
4072-(a) No laboratory or laboratory employee may (1) acquire marijuana
4073-from a person other than a [licensed producer, licensed dispensary]
4074-cannabis establishment or an organization engaged in a research
4075-program, (2) deliver, transport or distribute marijuana to (A) a person
4076-who is not a [licensed dispensary, (B) a person who is not a licensed
4077-producer, or (C)] cannabis establishment from which the marijuana was
4078-originally acquired by the laboratory or laboratory employee, (B) an
4079-organization not engaged in a research program, or (3) obtain or
4080-transport marijuana outside of this state in violation of state or federal
4081-law.
4082-(b) (1) No laboratory employee acting within the scope of his or her
4083-employment shall be subject to arrest or prosecution, penalized in any
4084-manner, including, but not limited to, being subject to any civil penalty, Senate Bill No. 1201
4085-
4086-June Sp. Sess., Public Act No. 21-1 127 of 303
4087-
4088-or denied any right or privilege, including, but not limited to, being
4089-subject to any disciplinary action by a professional licensing board, for
4090-acquiring, possessing, delivering, transporting or distributing
4091-marijuana to a [licensed dispensary, a licensed producer] cannabis
4092-establishment or an organization engaged in an approved research
4093-program under the provisions of this chapter.
4094-(2) No laboratory shall be subject to prosecution, penalized in any
4095-manner, including, but not limited to, being subject to any civil penalty
4096-or denied any right or privilege, for acquiring, possessing, delivering,
4097-transporting or distributing marijuana to a [licensed dispensary, a
4098-licensed producer] cannabis establishment or an organization engaged
4099-in an approved research program under the provisions of this chapter.
4100-(c) A laboratory shall be independent from all other persons involved
4101-in the marijuana industry in Connecticut, which shall mean that no
4102-person with a direct or indirect financial, managerial or controlling
4103-interest in the laboratory shall have a direct or indirect financial,
4104-managerial or controlling interest in a cannabis establishment or any
4105-other entity that may benefit from the laboratory test results for a
4106-cannabis or marijuana sample or product.
4107-(d) A laboratory shall maintain all minimum security and safeguard
4108-requirements for the storage of handling of controlled substances as a
4109-laboratory that is licensed to provide analysis of controlled substances
4110-pursuant to section 21a-246 and any regulations adopted thereunder.
4111-Sec. 81. Section 21a-408u of the general statutes is repealed and the
4112-following is substituted in lieu thereof (Effective July 1, 2021):
4113-(a) No research program or research program employee may (1)
4114-acquire marijuana from a person other than a [licensed producer,
4115-licensed dispensary] cannabis establishment or laboratory, (2) deliver,
4116-transport or distribute marijuana to a person who is not (A) a [licensed Senate Bill No. 1201
4117-
4118-June Sp. Sess., Public Act No. 21-1 128 of 303
4119-
4120-dispensary] cannabis establishment, (B) a [licensed producer]
4121-laboratory, or (C) a research program subject, (3) distribute or
4122-administer marijuana to an animal unless such animal is an animal
4123-research subject, or (4) obtain or transport marijuana outside of this state
4124-in violation of state or federal law.
4125-(b) No research program employee acting within the scope of his or
4126-her employment shall be subject to arrest or prosecution, penalized in
4127-any manner, including, but not limited to, being subject to any civil
4128-penalty, or denied any right or privilege, including, but not limited to,
4129-being subject to any disciplinary action by a professional licensing
4130-board, for acquiring, possessing, delivering, transporting or distributing
4131-marijuana to a [licensed dispensary, a licensed producer] cannabis
4132-establishment or laboratory, or a research program subject or
4133-distributing or administering marijuana to an animal research subject
4134-under the provisions of this chapter.
4135-Sec. 82. (NEW) (Effective October 1, 2021) A licensed pharmacist
4136-working as an employee at a dispensary facility or hybrid retailer shall
4137-transmit dispensing information, in a manner prescribed by the
4138-commissioner, on any cannabis sold to a qualifying patient or caregiver
4139-in real-time or immediately upon completion of the transaction, unless
4140-not reasonably feasible for a specific transaction, but in no case longer
4141-than one hour after completion of the transaction.
4142-Sec. 83. (NEW) (Effective July 1, 2021) (a) Upon the petition of not less
4143-than ten per cent of the electors of any municipality, lodged with the
4144-town clerk at least sixty days before the date of any regular election, as
4145-defined in section 9-1 of the general statutes, the selectmen of the
4146-municipality shall warn the electors of such municipality that, at such
4147-regular election, a vote shall be taken to determine: (1) Whether or not
4148-the recreational sale of marijuana shall be permitted in such
4149-municipality, or (2) whether the sale of marijuana shall be permitted in
4150-such municipality in one or more of the classes of license of cannabis Senate Bill No. 1201
4151-
4152-June Sp. Sess., Public Act No. 21-1 129 of 303
4153-
4154-establishments. The ballot label designations in a vote upon the question
4155-of cannabis establishment license shall be "Shall the sale of recreational
4156-marijuana be allowed in .... (Name of municipality)?" or "Shall the sale
4157-of cannabis under (Specified license or Licenses) be allowed in .... (Name
4158-of municipality)?" or "Shall the sale of recreational marijuana be
4159-prohibited (No Licenses) in .... (Name of municipality)?" and shall be
4160-provided in accordance with the provisions of section 9-250 of the
4161-general statutes. No elector shall vote for more than one designation.
4162-Such vote shall be taken in the manner prescribed in section 9-369 of the
4163-general statutes and shall become effective on the first Monday of the
4164-month next succeeding such election and shall remain in force until a
4165-new vote is taken; provided such vote may be taken at a special election
4166-called for the purpose in conformity with the provisions of section 9-164
4167-of the general statutes and provided at least one year shall have elapsed
4168-since the previous vote was taken. The provisions of chapter 145 of the
4169-general statutes concerning absentee voting at referenda shall apply to
4170-all votes taken upon the question of cannabis establishment license. Any
4171-class of cannabis establishments already allowed in a municipality shall
4172-not be affected by any vote.
4173-(b) No municipality shall prohibit delivery of cannabis to a consumer,
4174-qualifying patient or caregiver when the delivery is made by a retailer,
4175-hybrid retailer, dispensary facility, delivery service, micro-cultivator or
4176-other person authorized to make such delivery pursuant to RERACA.
4177-No municipality shall prohibit the transport of cannabis to, from or
4178-through such municipality by any person licensed or registered
4179-pursuant to RERACA to transport cannabis.
4180-(c) No municipality or local official shall condition any official action,
4181-or accept any donation in moneys or in kind, from any cannabis
4182-establishment or from an individual or corporation that has applied for
4183-a license to open or operate a cannabis establishment in such
4184-municipality. No municipality shall negotiate or enter into a local host Senate Bill No. 1201
4185-
4186-June Sp. Sess., Public Act No. 21-1 130 of 303
4187-
4188-agreement with a cannabis establishment or a person that has applied
4189-for a license to open or operate a cannabis establishment in such
4190-municipality.
4191-(d) For up to thirty days after the opening of a retailer or hybrid
4192-retailer, a municipality may charge such retailer or hybrid retailer for
4193-any necessary and reasonable costs incurred by the municipality for
4194-provision of public safety services in relation to such opening, including,
4195-but not limited to, public safety costs incurred to direct traffic, not to
4196-exceed fifty thousand dollars.
4197-Sec. 84. Subparagraph (H) of subdivision (7) of subsection (c) of
4198-section 7-148 of the general statutes is repealed and the following is
4199-substituted in lieu thereof (Effective October 1, 2021):
4200-(H) (i) Secure the safety of persons in or passing through the
4201-municipality by regulation of shows, processions, parades and music;
4202-(ii) Regulate and prohibit the carrying on within the municipality of
4203-any trade, manufacture, business or profession which is, or may be, so
4204-carried on as to become prejudicial to public health, conducive to fraud
4205-and cheating, or dangerous to, or constituting an unreasonable
4206-annoyance to, those living or owning property in the vicinity;
4207-(iii) Regulate auctions and garage and tag sales;
4208-(iv) Prohibit, restrain, license and regulate the business of peddlers,
4209-auctioneers and junk dealers in a manner not inconsistent with the
4210-general statutes;
4211-(v) Regulate and prohibit swimming or bathing in the public or
4212-exposed places within the municipality;
4213-(vi) Regulate and license the operation of amusement parks and
4214-amusement arcades including, but not limited to, the regulation of Senate Bill No. 1201
4215-
4216-June Sp. Sess., Public Act No. 21-1 131 of 303
4217-
4218-mechanical rides and the establishment of the hours of operation;
4219-(vii) Prohibit, restrain, license and regulate all sports, exhibitions,
4220-public amusements and performances and all places where games may
4221-be played;
4222-(viii) Preserve the public peace and good order, prevent and quell
4223-riots and disorderly assemblages and prevent disturbing noises;
4224-(ix) Establish a system to obtain a more accurate registration of births,
4225-marriages and deaths than the system provided by the general statutes
4226-in a manner not inconsistent with the general statutes;
4227-(x) Control insect pests or plant diseases in any manner deemed
4228-appropriate;
4229-(xi) Provide for the health of the inhabitants of the municipality and
4230-do all things necessary or desirable to secure and promote the public
4231-health;
4232-(xii) Regulate the use of streets, sidewalks, highways, public places
4233-and grounds for public and private purposes;
4234-(xiii) Make and enforce police, sanitary or other similar regulations
4235-and protect or promote the peace, safety, good government and welfare
4236-of the municipality and its inhabitants;
4237-(xiv) Regulate, in addition to the requirements under section 7-282b,
4238-the installation, maintenance and operation of any device or equipment
4239-in a residence or place of business which is capable of automatically
4240-calling and relaying recorded emergency messages to any state police
4241-or municipal police or fire department telephone number or which is
4242-capable of automatically calling and relaying recorded emergency
4243-messages or other forms of emergency signals to an intermediate third
4244-party which shall thereafter call and relay such emergency messages to Senate Bill No. 1201
4245-
4246-June Sp. Sess., Public Act No. 21-1 132 of 303
4247-
4248-a state police or municipal police or fire department telephone number.
4249-Such regulations may provide for penalties for the transmittal of false
4250-alarms by such devices or equipment;
4251-(xv) Make and enforce regulations for the prevention and
4252-remediation of housing blight, including regulations reducing
4253-assessments and authorizing designated agents of the municipality to
4254-enter property during reasonable hours for the purpose of remediating
4255-blighted conditions, provided such regulations define housing blight
4256-and require such municipality to give written notice of any violation to
4257-the owner and occupant of the property and provide a reasonable
4258-opportunity for the owner and occupant to remediate the blighted
4259-conditions prior to any enforcement action being taken, and further
4260-provided such regulations shall not authorize such municipality or its
4261-designated agents to enter any dwelling house or structure on such
4262-property, and including regulations establishing a duty to maintain
4263-property and specifying standards to determine if there is neglect;
4264-prescribe civil penalties for the violation of such regulations of not less
4265-than ten or more than one hundred dollars for each day that a violation
4266-continues and, if such civil penalties are prescribed, such municipality
4267-shall adopt a citation hearing procedure in accordance with section 7-
4268-152c;
4269-(xvi) Regulate, on any property owned by or under the control of the
4270-municipality, any activity deemed to be deleterious to public health,
4271-including the [lighting or carrying] burning of a lighted cigarette, cigar,
4272-pipe or similar device, whether containing, wholly or in part, tobacco or
4273-cannabis, as defined in section 1 of this act, and the use or consumption
4274-of cannabis, including, but not limited to, electronic cannabis delivery
4275-systems, as defined in section 19a-342a, or vapor products, as defined in
4276-said section, containing cannabis. If the municipality's population is
4277-greater than fifty thousand, such regulations shall designate a place in
4278-the municipality in which public consumption of cannabis is permitted. Senate Bill No. 1201
4279-
4280-June Sp. Sess., Public Act No. 21-1 133 of 303
4281-
4282-Such regulations may prohibit the smoking of cannabis and the use of
4283-electronic cannabis delivery systems and vapor products containing
4284-cannabis in the outdoor sections of a restaurant. Such regulations may
4285-prescribe penalties for the violation of such regulations, provided such
4286-fine does not exceed fifty dollars for a violation of such regulations
4287-regarding consumption by an individual or a fine in excess of one
4288-thousand dollars to any business for a violation of such regulations;
4289-Sec. 85. Section 54-56n of the general statutes is repealed and the
4290-following is substituted in lieu thereof (Effective April 1, 2022):
4291-(a) The Judicial Branch shall collect data on the number of members
4292-of the armed forces, veterans and nonveterans who, on and after
4293-January 1, 2016, apply for and are granted admission or are denied entry
4294-into (1) the pretrial program for accelerated rehabilitation established
4295-pursuant to section 54-56e, (2) the supervised diversionary program
4296-established pursuant to section 54-56l, [or] (3) the pretrial drug
4297-education and community service program established pursuant to
4298-section 54-56i, (4) the pretrial drug intervention and community service
4299-program established under section 166 of this act, and (5) the pretrial
4300-impaired driving intervention program established under section 167 of
4301-this act. Data compiled pursuant to this section shall be based on
4302-information provided by applicants at the time of application to any
4303-such program. For the purposes of this section, "veteran" means any
4304-person who was discharged or released under conditions other than
4305-dishonorable from active service in the armed forces and "armed forces"
4306-has the same meaning as provided in section 27-103.
4307-(b) Not later than January 15, 2017, and annually thereafter, the
4308-Judicial Branch shall submit a report detailing the data compiled for the
4309-previous calendar year pursuant to subsection (a) of this section to the
4310-joint standing committees of the General Assembly having cognizance
4311-of matters relating to veterans' and military affairs and the judiciary, in
4312-accordance with the provisions of section 11-4a. Senate Bill No. 1201
4313-
4314-June Sp. Sess., Public Act No. 21-1 134 of 303
4315-
4316-Sec. 86. Section 19a-342 of the general statutes is repealed and the
4317-following is substituted in lieu thereof (Effective October 1, 2021):
4318-(a) As used in this section: [, "smoke"]
4319-(1) "Smoke" or "smoking" means the [lighting or carrying] burning of
4320-a lighted cigarette, cigar, pipe or any other similar device, [.] whether
4321-containing, wholly or in part, tobacco, cannabis, or hemp;
4322-(2) "Any area" means the interior of the facility, building or
4323-establishment and the outside area within twenty-five feet of any
4324-doorway, operable window or air intake vent of the facility, building or
4325-establishment;
4326-(3) "Cannabis" means marijuana, as defined in section 21a-240; and
4327-(4) "Hemp" has the same meaning as provided in section 22-61l.
4328-(b) (1) Notwithstanding the provisions of section 31-40q, no person
4329-shall smoke: (A) In any area of a building or portion of a building,
4330-partially enclosed shelter on a rail platform or bus shelter owned and
4331-operated or leased and operated by the state or any political subdivision
4332-thereof; (B) in any area of a health care institution, including, but not
4333-limited to, a psychiatric facility; (C) in any area of a retail [food store]
4334-establishment accessed by the general public; (D) in any restaurant; (E)
4335-in any area of an establishment with a permit issued for the sale of
4336-alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22c,
4337-30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area
4338-of an establishment with a permit for the sale of alcoholic liquor
4339-pursuant to section 30-23 issued after May 1, 2003, and, on and after
4340-April 1, 2004, in any area of an establishment with a permit issued for
4341-the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the bar
4342-area of a bowling establishment holding a permit pursuant to subsection
4343-(a) of section 30-37c; (F) [within] in any area of a school building or on
4344-the grounds of such school; (G) within a child care facility or on the Senate Bill No. 1201
4345-
4346-June Sp. Sess., Public Act No. 21-1 135 of 303
4347-
4348-grounds of such child care facility, except, if the child care facility is a
4349-family child care home, as defined in section 19a-77, such smoking is
4350-prohibited only when a child enrolled in such home is present during
4351-customary business hours; (H) in any passenger elevator; [, provided no
4352-person shall be arrested for violating this subsection unless there is
4353-posted in such elevator a sign which indicates that smoking is
4354-prohibited by state law;] (I) in any area of a dormitory in any public or
4355-private institution of higher education; [or (J) on and after April 1, 2004,]
4356-(J) in any area of a dog race track or a facility equipped with screens for
4357-the simulcasting of off-track betting race programs or jai alai games; (K)
4358-in any room offered as an accommodation to guests by the operator of a
4359-hotel, motel or similar lodging; or (L) in any area of a correctional facility
4360-or halfway house. For purposes of this subsection, "restaurant" means
4361-space, in a suitable and permanent building, kept, used, maintained,
4362-advertised and held out to the public to be a place where meals are
4363-regularly served to the public, "school" has the same meaning as
4364-provided in section 10-154a and "child care facility" has the same
4365-meaning as provided in section 19a-342a.
4366-(2) [This section] Subdivision (1) of this subsection shall not apply to
4367-[(A) correctional facilities; (B) designated smoking areas in psychiatric
4368-facilities; (C) public] the following: (A) Public housing projects, as
4369-defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom
4370-where demonstration smoking is taking place as part of a medical or
4371-scientific experiment or lesson; [(E) smoking rooms provided by
4372-employers for employees, pursuant to section 31-40q; (F)] (C)
4373-notwithstanding the provisions of subparagraph (E) of subdivision (1)
4374-of this subsection, the outdoor portion of the premises of any permittee
4375-listed in subparagraph (E) of subdivision (1) of this subsection,
4376-provided, in the case of any seating area maintained for the service of
4377-food, at least seventy-five per cent of the outdoor seating capacity is an
4378-area in which smoking is prohibited and which is clearly designated
4379-with written signage as a nonsmoking area, except that any temporary Senate Bill No. 1201
4380-
4381-June Sp. Sess., Public Act No. 21-1 136 of 303
4382-
4383-seating area established for special events and not used on a regular
4384-basis shall not be subject to the smoking prohibition or signage
4385-requirements of this subparagraph; [(G)] (D) any medical research site
4386-where smoking is integral to the research being conducted; or [(H)] (E)
4387-any tobacco bar, provided no tobacco bar shall expand in size or change
4388-its location from its size or location as of December 31, 2002. For
4389-purposes of this subdivision, "outdoor" means an area which has no roof
4390-or other ceiling enclosure, "tobacco bar" means an establishment with a
4391-permit for the sale of alcoholic liquor to consumers issued pursuant to
4392-chapter 545 that, in the calendar year ending December 31, 2002,
4393-generated ten per cent or more of its total annual gross income from the
4394-on-site sale of tobacco products and the rental of on-site humidors, [and]
4395-"tobacco product" means any substance that contains tobacco,
4396-including, but not limited to, cigarettes, cigars, pipe tobacco or chewing
4397-tobacco, except "tobacco product" does not include cannabis.
4398-[(c) The operator of a hotel, motel or similar lodging may allow guests
4399-to smoke in not more than twenty-five per cent of the rooms offered as
4400-accommodations to guests.]
4401-[(d)] (c) In each room, elevator, area or building in which smoking is
4402-prohibited by this section, the person in control of the premises shall
4403-post or cause to be posted in a conspicuous place signs stating that
4404-smoking is prohibited by state law. Such signs, except in elevators,
4405-restaurants, establishments with permits to sell alcoholic liquor to
4406-consumers issued pursuant to chapter 545, hotels, motels or similar
4407-lodgings, and health care institutions, shall have letters at least four
4408-inches high with the principal strokes of letters not less than one-half
4409-inch wide.
4410-[(e)] (d) Any person found guilty of smoking in violation of this
4411-section, failure to post signs as required by this section or the
4412-unauthorized removal of such signs shall have committed an infraction.
4413-Nothing in this section shall be construed to require the person in Senate Bill No. 1201
4414-
4415-June Sp. Sess., Public Act No. 21-1 137 of 303
4416-
4417-control of a building to post such signs in every room of [a] the building,
4418-provided such signs are posted in a conspicuous place in [such] the
4419-building.
4420-[(f)] (e) Nothing in this section shall be construed to require any
4421-smoking area [in] inside or outside any building or the entryway to any
4422-building or on any property.
4423-[(g)] (f) The provisions of this section shall supersede and preempt
4424-the provisions of any municipal law or ordinance relative to smoking
4425-effective prior to, on or after October 1, 1993.
4426-Sec. 87. Section 19a-342a of the general statutes is repealed and the
4427-following is substituted in lieu thereof (Effective October 1, 2021):
4428-(a) As used in this section: [and section 2 of public act 15-206:]
4429-(1) "Any area" means the interior of the facility, building or
4430-establishment and the outside area within twenty-five feet of any
4431-doorway, operable window or air intake vent of the facility, building or
4432-establishment;
4433-[(1)] (2) "Child care facility" means a provider of child care services as
4434-defined in section 19a-77, or a person or entity required to be licensed
4435-under section 17a-145;
4436-[(2)] (3) "Electronic nicotine delivery system" [has the same meaning
4437-as provided in section 21a-415;] means an electronic device used in the
4438-delivery of nicotine to a person inhaling from the device, and includes,
4439-but is not limited to, an electronic cigarette, electronic cigar, electronic
4440-cigarillo, electronic pipe or electronic hookah and any related device and
4441-any cartridge or other component of such device, including, but not
4442-limited to, electronic cigarette liquid or synthetic nicotine. "Electronic
4443-nicotine delivery system" does not include a medicinal or therapeutic
4444-product that is (A) used by a licensed health care provider to treat a Senate Bill No. 1201
4445-
4446-June Sp. Sess., Public Act No. 21-1 138 of 303
4447-
4448-patient in a health care setting, (B) used by a patient, as prescribed or
4449-directed by a licensed healthcare provider in any setting, or (C) any drug
4450-or device, as defined in the Food, Drug and Cosmetic Act, 21 USC 321,
4451-as amended from time to time, any combination product, as described
4452-in said act, 21 USC 353(g), as amended from time to time, or any
4453-biological product, as described in 42 USC 262, as amended from time
4454-to time, and 21 CFR 600.3, as amended from time to time, authorized for
4455-sale by the federal Food and Drug Administration;
4456-(4) "Electronic cigarette liquid" does not include a medicinal or
4457-therapeutic product that is (A) used by a licensed health care provider
4458-to treat a patient in a health care setting, (B) used by a patient, as
4459-prescribed or directed by a licensed health care provider in any setting,
4460-or (C) any drug or device, as defined in the Food, Drug and Cosmetic
4461-Act, 21 USC 321, as amended from time to time, any combination
4462-product, as described in said act, 21 USC 353(g), as amended from time
4463-to time, or any biological product, as described in 42 USC 262, as
4464-amended from time to time, and 21 CFR 600.3, as amended from time to
4465-time, authorized for sale by the federal Food and Drug Administration;
4466-(5) "Electronic cannabis delivery system" means an electronic device
4467-that may be used to simulate smoking in the delivery of cannabis to a
4468-person inhaling the device and includes, but is not limited to, a
4469-vaporizer, electronic pipe, electronic hookah and any related device and
4470-any cartridge or other component of such device. "Electronic cannabis
4471-delivery system" does not include a medicinal or therapeutic product
4472-that is (A) used by a licensed health care provider to treat a patient in a
4473-health care setting, (B) used by a patient, as prescribed or directed by a
4474-licensed health care provider in any setting, or (C) any drug or device,
4475-as defined in the Food, Drug and Cosmetic Act, 21 USC 321, as amended
4476-from time to time, any combination product, as described in said act, 21
4477-USC 353(g), as amended from time to time, or any biological product, as
4478-described in 42 USC 262, as amended from time to time, and 21 CFR Senate Bill No. 1201
4479-
4480-June Sp. Sess., Public Act No. 21-1 139 of 303
4481-
4482-600.3, as amended from time to time, authorized for sale by the federal
4483-Food and Drug Administration;
4484-(6) "Cannabis" means marijuana, as defined in section 21a-240;
4485-[(3)] (7) "Liquid nicotine container" means a container that holds a
4486-liquid substance containing nicotine that is sold, marketed or intended
4487-for use in an electronic nicotine delivery system or vapor product,
4488-except "liquid nicotine container" does not include such a container that
4489-is prefilled and sealed by the manufacturer and not intended to be
4490-opened by the consumer; and
4491-[(4)] (8) "Vapor product" [has the same meaning as provided in
4492-section 21a-415] means any product that employs a heating element,
4493-power source, electronic circuit or other electronic, chemical or
4494-mechanical means, regardless of shape or size, to produce a vapor that
4495-may include nicotine or cannabis and is inhaled by the user of such
4496-product. "Vapor product" does not include a medicinal or therapeutic
4497-product that is (A) used by a licensed health care provider to treat a
4498-patient in a health care setting, (B) used by a patient, as prescribed or
4499-directed by a licensed health care provider in any setting, or (C) any
4500-drug or device, as defined in the Food, Drug and Cosmetic Act, 21 USC
4501-321, as amended from time to time, any combination product, as
4502-described in said act, 21 USC 353(g), as amended from time to time, or
4503-any biological product, as defined in 42 USC 262, as amended from time
4504-to time, and 21 CFR 600.3, as amended from time to time, authorized for
4505-sale by the federal Food and Drug Administration.
4506-(b) (1) No person shall use an electronic nicotine or cannabis delivery
4507-system or vapor product: (A) In any area of a building or portion of a
4508-building owned and operated or leased and operated by the state or any
4509-political subdivision thereof; (B) in any area of a health care institution,
4510-including, but not limited to, a psychiatric facility; (C) in any area of a
4511-retail [food store] establishment accessed by the public; (D) in any Senate Bill No. 1201
4512-
4513-June Sp. Sess., Public Act No. 21-1 140 of 303
4514-
4515-restaurant; (E) in any area of an establishment with a permit issued for
4516-the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-
4517-22, 30-22a, 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-
4518-37e or 30-37f, in any area of establishment with a permit issued for the
4519-sale of alcoholic liquor pursuant to section 30-23 issued after May 1,
4520-2003, or the bar area of a bowling establishment holding a permit
4521-pursuant to subsection (a) of section 30-37c; (F) [within] in any area of a
4522-school building or on the grounds of such school; (G) within a child care
4523-facility or on the grounds of such child care facility, except, if the child
4524-care facility is a family child care home as defined in section 19a-77, such
4525-use is prohibited only when a child enrolled in such home is present
4526-during customary business hours; (H) in any passenger elevator; [,
4527-provided no person shall be arrested for violating this subsection unless
4528-there is posted in such elevator a sign which indicates that such use is
4529-prohibited by state law;] (I) in any area of a dormitory in any public or
4530-private institution of higher education; [or] (J) in any area of a dog race
4531-track or a facility equipped with screens for the simulcasting of off-track
4532-betting race programs or jai alai games; (K) in any room offered as an
4533-accommodation to guests by the operator of a hotel, motel or similar
4534-lodging; or (L) in any area of a correctional facility, halfway house or
4535-residential facility funded by the Judicial Branch. For purposes of this
4536-subsection, "restaurant" means space, in a suitable and permanent
4537-building, kept, used, maintained, advertised and held out to the public
4538-to be a place where meals are regularly served to the public, and "school"
4539-has the same meaning as provided in section 10-154a.
4540-(2) [This section] Subdivision (1) of this subsection shall not apply to
4541-[(A) correctional facilities; (B) designated smoking areas in psychiatric
4542-facilities; (C) public] the following: (A) Public housing projects, as
4543-defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom
4544-where a demonstration of the use of an electronic nicotine or cannabis
4545-delivery system or vapor product is taking place as part of a medical or
4546-scientific experiment or lesson; [(E)] (C) any medical research site where Senate Bill No. 1201
4547-
4548-June Sp. Sess., Public Act No. 21-1 141 of 303
4549-
4550-the use of an electronic nicotine or cannabis delivery system or vapor
4551-product is integral to the research being conducted; [(F)] (D)
4552-establishments without a permit for the sale of alcoholic liquor that sell
4553-electronic nicotine delivery systems, vapor products or liquid nicotine
4554-containers on-site and allow their customers to use such systems,
4555-products or containers on-site; [(G) smoking rooms provided by
4556-employers for employees, pursuant to section 31-40q; (H)] (E)
4557-notwithstanding the provisions of subparagraph (E) of subdivision (1)
4558-of this subsection, the outdoor portion of the premises of any permittee
4559-listed in subparagraph (E) of subdivision (1) of this subsection,
4560-provided, in the case of any seating area maintained for the service of
4561-food, at least seventy-five per cent of the outdoor seating capacity is an
4562-area in which smoking is prohibited and which is clearly designated
4563-with written signage as a nonsmoking area, except that any temporary
4564-seating area established for special events and not used on a regular
4565-basis shall not be subject to the prohibition on the use of an electronic
4566-nicotine or cannabis delivery system or vapor product or the signage
4567-requirements of this subparagraph; or [(I)] (F) any tobacco bar, provided
4568-no tobacco bar shall expand in size or change its location from its size or
4569-location as of October 1, 2015. For purposes of this subdivision,
4570-"outdoor" means an area which has no roof or other ceiling enclosure,
4571-"tobacco bar" means an establishment with a permit for the sale of
4572-alcoholic liquor to consumers issued pursuant to chapter 545 that, in the
4573-calendar year ending December 31, 2015, generated ten per cent or more
4574-of its total annual gross income from the on-site sale of tobacco products
4575-and the rental of on-site humidors, [and] "tobacco product" means any
4576-substance that contains tobacco, including, but not limited to, cigarettes,
4577-cigars, pipe tobacco or chewing tobacco, except that "tobacco product"
4578-does not include cannabis.
4579-[(c) The operator of a hotel, motel or similar lodging may allow guests
4580-to use an electronic nicotine delivery system or vapor product in not
4581-more than twenty-five per cent of the rooms offered as accommodations Senate Bill No. 1201
4582-
4583-June Sp. Sess., Public Act No. 21-1 142 of 303
4584-
4585-to guests.]
4586-[(d)] (c) In each room, elevator, area or building in which the use of
4587-an electronic nicotine or cannabis delivery system or vapor product is
4588-prohibited by this section, the person in control of the premises shall
4589-post or cause to be posted in a conspicuous place signs stating that such
4590-use is prohibited by state law. Such signs, except in elevators,
4591-restaurants, establishments with permits to sell alcoholic liquor to
4592-consumers issued pursuant to chapter 545, hotels, motels or similar
4593-lodgings, and health care institutions, shall have letters at least four
4594-inches high with the principal strokes of letters not less than one-half
4595-inch wide.
4596-[(e)] (d) Any person found guilty of using an electronic nicotine or
4597-cannabis delivery system or vapor product in violation of this section,
4598-failure to post signs as required by this section or the unauthorized
4599-removal of such signs shall have committed an infraction. Nothing in
4600-this section shall be construed to require the person in control of a
4601-building to post such signs in every room of the building, provided such
4602-signs are posted in a conspicuous place in the building.
4603-[(f)] (e) Nothing in this section shall be construed to require the
4604-designation of any area for the use of electronic nicotine or cannabis
4605-delivery system or vapor product [in] inside or outside any building or
4606-the entryway to any building or on any property.
4607-[(g)] (f) The provisions of this section shall supersede and preempt
4608-the provisions of any municipal law or ordinance relative to the use of
4609-an electronic nicotine delivery system or vapor product effective prior
4610-to, on or after October 1, 2015.
4611-Sec. 88. Section 31-40q of the general statutes is repealed and the
4612-following is substituted in lieu thereof (Effective October 1, 2021):
4613-(a) As used in this section: Senate Bill No. 1201
4614-
4615-June Sp. Sess., Public Act No. 21-1 143 of 303
4616-
4617-(1) "Person" means one or more individuals, partnerships,
4618-associations, corporations, limited liability companies, business trusts,
4619-legal representatives or any organized group of persons; [.]
4620-(2) "Employer" means a person engaged in business who has
4621-employees, including the state and any political subdivision thereof; [.]
4622-(3) "Employee" means any person engaged in service to an employer
4623-in the business of his employer; [.]
4624-(4) "Business facility" means a structurally enclosed location or
4625-portion thereof at which employees perform services for their employer.
4626-The term "business facility" does not include: (A) Facilities listed in
4627-[subparagraph (A), (C) or (H) of] subdivision (2) of subsection (b) of
4628-section 19a-342 or subdivision (2) of subsection (b) of section 19a-342a;
4629-(B) any establishment with a permit for the sale of alcoholic liquor
4630-pursuant to section 30-23 issued on or before May 1, 2003; (C) for any
4631-business that is engaged in the testing or development of tobacco, [or]
4632-tobacco products or cannabis, the areas of such business designated for
4633-such testing or development; or (D) during the period from October 1,
4634-2003, to April 1, 2004, establishments with a permit issued for the sale of
4635-alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area of a
4636-bowling establishment holding a permit pursuant to subsection (a) of
4637-section 30-37c; [.]
4638-(5) ["Smoking"] "Smoke" or "smoking" means the burning of a lighted
4639-cigar, cigarette, pipe or any other [matter or substance which contains
4640-tobacco.] similar device, whether containing, wholly or in part, tobacco,
4641-cannabis or hemp;
4642-(6) "Cannabis" means marijuana, as defined in section 21a-240;
4643-(7) "Electronic nicotine delivery system" has the same meaning as
4644-provided in section 19a-342a; Senate Bill No. 1201
4645-
4646-June Sp. Sess., Public Act No. 21-1 144 of 303
4647-
4648-(8) "Electronic cannabis delivery system" has the same meaning as
4649-provided in section 19a-342a;
4650-(9) "Vapor product" has the same meaning as provided in section 19a-
4651-342a;
4652-(10) "Any area" has the same meaning as provided in section 19a-
4653-342a; and
4654-(11) "Hemp" has the same meaning as provided in section 22-61l.
4655-[(b) Each employer with fewer than five employees in a business
4656-facility shall establish one or more work areas, sufficient to
4657-accommodate nonsmokers who request to utilize such an area, within
4658-each business facility under his control, where smoking is prohibited.
4659-The employer shall clearly designate the existence and boundaries of
4660-each nonsmoking area by posting signs which can be readily seen by
4661-employees and visitors. In the areas within the business facility where
4662-smoking is permitted, existing physical barriers and ventilation systems
4663-shall be used to the extent practicable to minimize the effect of smoking
4664-in adjacent nonsmoking areas.]
4665-[(c) (1)] (b) Each employer [with five or more employees] shall
4666-prohibit smoking [in] and the use of electronic nicotine and cannabis
4667-delivery systems and vapor products in any area of any business facility
4668-under said employer's control. [, except that an employer may designate
4669-one or more smoking rooms.]
4670-[(2) Each employer that provides a smoking room pursuant to this
4671-subsection shall provide sufficient nonsmoking break rooms for
4672-nonsmoking employees.
4673-(3) Each smoking room designated by an employer pursuant to this
4674-subsection shall meet the following requirements: (A) Air from the
4675-smoking room shall be exhausted directly to the outside by an exhaust Senate Bill No. 1201
4676-
4677-June Sp. Sess., Public Act No. 21-1 145 of 303
4678-
4679-fan, and no air from such room shall be recirculated to other parts of the
4680-building; (B) the employer shall comply with any ventilation standard
4681-adopted by (i) the Commissioner of Labor pursuant to chapter 571, (ii)
4682-the United States Secretary of Labor under the authority of the
4683-Occupational Safety and Health Act of 1970, as from time to time
4684-amended, or (iii) the federal Environmental Protection Agency; (C) such
4685-room shall be located in a nonwork area, where no employee, as part of
4686-his or her work responsibilities, is required to enter, except such work
4687-responsibilities shall not include any custodial or maintenance work
4688-carried out in the smoking room when it is unoccupied; and (D) such
4689-room shall be for the use of employees only.]
4690-[(d)] (c) Nothing in this section may be construed to prohibit an
4691-employer from designating an entire business facility and the real
4692-property on which the business facility is located as a nonsmoking area.
4693-Sec. 89. (NEW) (Effective July 1, 2022) (a) As used in this section,
4694-"cannabis" has the same meaning as provided in section 1 of this act and
4695-"electronic cannabis delivery system" and "vapor product" have the
4696-same meanings as provided in section 19a-342a of the general statutes.
4697-No hotel, motel or similar lodging shall prohibit the legal possession or
4698-consumption of cannabis in any nonpublic area of such hotel, motel or
4699-similar lodging.
4700-(b) Notwithstanding the provisions of subsection (a) of this section, a
4701-hotel, motel or similar lodging shall prohibit the smoking of cannabis
4702-and the use of an electronic cannabis delivery system or a vapor product
4703-containing cannabis in any location of such hotel, motel or similar
4704-lodging.
4705-Sec. 90. (NEW) (Effective July 1, 2022) (a) As used in this section,
4706-"tenant", "landlord" and dwelling unit" have the same meanings as
4707-provided in section 47a-1 of the general statutes. Except as provided in
4708-this section, a landlord or property manager may not refuse to rent to a Senate Bill No. 1201
4709-
4710-June Sp. Sess., Public Act No. 21-1 146 of 303
4711-
4712-prospective tenant or an existing tenant, or otherwise discriminate
4713-against a prospective tenant or an existing tenant, based on a past
4714-conviction for possession of a cannabis-type substance under section
4715-21a-279a of the general statutes, or for a past conviction for possession
4716-of four or fewer ounces of cannabis plant material, and any
4717-equivalencies and combinations thereof, pursuant to subsection (i) of
4718-section 21a-279a of the general statutes in any other jurisdiction.
4719-(b) Except as provided in this section, in the case of the rental of a
4720-dwelling unit, a landlord or property manager may not prohibit the
4721-possession of cannabis or the consumption of cannabis, except a
4722-landlord or property manager may prohibit smoking of cannabis or use
4723-of an electronic cannabis device or cannabis vapor product, as such
4724-terms are defined in section 19a-342a of the general statutes.
4725-(c) A landlord or property manager may not require a tenant to
4726-submit to a drug test.
4727-(d) The provisions of this section do not apply if:
4728-(1) The tenant is a roomer who is not leasing the entire residence;
4729-(2) the residence is incidental to detention or the provision of medical,
4730-geriatric, educational, counseling, religious, or similar service;
4731-(3) The residence is a transitional housing or sober living facility; or
4732-(4) Failing to prohibit cannabis possession or consumption or failure
4733-to require a drug test would violate federal law or regulations or cause
4734-the landlord to lose a monetary or licensing-related benefit under
4735-federal law or regulations.
4736-Sec. 91. (NEW) (Effective July 1, 2022) The use of cannabis shall be
4737-prohibited on any state lands or waters managed by the Department of
4738-Energy and Environmental Protection. Any person who violates such Senate Bill No. 1201
4739-
4740-June Sp. Sess., Public Act No. 21-1 147 of 303
4741-
4742-prohibition shall be fined not more than two hundred fifty dollars. The
4743-provisions of this section may only be enforced by agents of the
4744-Department of Energy and Environmental Protection.
4745-Sec. 92. (NEW) (Effective July 1, 2021) The Commissioner of Correction
4746-may prohibit the possession of cannabis in any Department of
4747-Correction facility or halfway house.
4748-Sec. 93. (NEW) (Effective July 1, 2022) A drug test of an individual that
4749-yields a positive result solely for 11 -nor-9-carboxy-delta-9-
4750-tetrahydrocannabinol shall not be construed, without other evidence, as
4751-proof that such individual is under the influence of or impaired by
4752-cannabis.
4753-Sec. 94. (NEW) (Effective July 1, 2021) The presence of cannabinoid
4754-metabolites in the bodily fluids of a person:
4755-(1) With respect to a patient, shall not constitute the use of an illicit
4756-substance resulting in denial of medical care, including organ
4757-transplantation, and a patient's use of cannabis products may only be
4758-considered with respect to evidence-based clinical criteria; and
4759-(2) With respect to a parent or legal guardian of a child or newborn
4760-infant, or a pregnant woman, shall not form the sole or primary basis for
4761-any action or proceeding by the Department of Children and Families,
4762-or any successor agencies provided, nothing in this subdivision shall
4763-preclude any action or proceeding by such department based on harm
4764-or risk of harm to a child or the use of information on the presence of
4765-cannabinoid metabolites in the bodily fluids of any person in any action
4766-or proceeding.
4767-Sec. 95. (NEW) (Effective July 1, 2021) A drug test of a student that
4768-yields a positive result solely for 11 -nor-9-carboxy-delta-9-
4769-tetrahydrocannabinol shall not form the sole basis for an educational
4770-institution to refuse to enroll or to continue to enroll, or otherwise Senate Bill No. 1201
4771-
4772-June Sp. Sess., Public Act No. 21-1 148 of 303
4773-
4774-penalize such student, unless failing to do so would put the educational
4775-institution in violation of a federal contract or cause it to lose federal
4776-funding, or such student is being drug tested as required by the National
4777-Collegiate Athletic Association and any such action is taken as required
4778-by the policies of the National Collegiate Athletic Association.
4779-Sec. 96. (NEW) (Effective July 1, 2021) No institution of higher
4780-education, as defined in section 10a-55 of the general statutes, shall
4781-revoke any financial aid, student loans, or expel a student, solely for use
4782-or possession of less than (1) four ounces of cannabis plant material, (2)
4783-an equivalent amount of cannabis product, as provided in subsection (i)
4784-of section 21a-279a of the general statutes, or (3) an equivalent amount
4785-of a combination of cannabis and cannabis product, as provided in
4786-subsection (i) of section 21a-279a of the general statutes, unless
4787-complying with the provisions of this section would violate federal law
4788-or a federal contract, or failing to take the actions prohibited under this
4789-section would jeopardize an institution of higher education's federal
4790-funding.
4791-Sec. 97. (NEW) (Effective July 1, 2022) As used in this section and
4792-sections 98 to 101, inclusive, of this act:
4793-(1) "Employee" means any individual employed or permitted to work
4794-by an employer, or an independent contractor;
4795-(2) "Employer" has the same meaning as provided in section 31-58 of
4796-the general statutes;
4797-(3) "Exempted employer" means an employer whose primary activity
4798-is (A) mining, including, but not limited to, an employer with a two-
4799-digit North American Industry Classification System code of 21, (B)
4800-utilities, including, but not limited to, any employer with a two-digit
4801-North American Industry Classification System code of 22, (C)
4802-construction, including, but not limited to, an employer with a two-digit Senate Bill No. 1201
4803-
4804-June Sp. Sess., Public Act No. 21-1 149 of 303
4805-
4806-North American Industry Classification System code of 23, (D)
4807-manufacturing, including, but not limited to, an employer with a two-
4808-digit North American Industry Classification System code of 31, 32 or
4809-33, (E) transportation or delivery, including, but not limited to, an
4810-employer with a two-digit North American Industry Classification
4811-System code of 48 or 49, (F) educational services, including, but not
4812-limited to, an employer with a two-digit North American Industry
4813-Classification System Code of 61, (G) health care or social services,
4814-including, but not limited to, an employer with a two-digit North
4815-American Industry Classification System Code of 62, (H) justice, public
4816-order, and safety activities, including, but not limited to, an employer
4817-with a four-digit North American Industry Classification System code
4818-of 9221, or (I) national security and international affairs, including, but
4819-not limited to, those with a three-digit North American Industry
4820-Classification System code of 928. As used in this subdivision,
4821-"Employer" includes any subdivision of a business entity that is a
4822-standalone business unit, including, but not limited to, having its own
4823-executive leadership, having some or significant autonomy and having
4824-its own financial statements and results;
4825-(4) "Exempted position" means a position:
4826-(A) As a firefighter;
4827-(B) As an emergency medical technician;
4828-(C) As a police officer or peace officer, in a position with a law
4829-enforcement or investigative function at a state or local agency or in a
4830-position with the Department of Correction involving direct contact
4831-with inmates;
4832-(D) Requiring operation of a motor vehicle, for which federal or state
4833-law requires any employee such position to submit to screening tests,
4834-including, but not limited to, any position requiring a commercial Senate Bill No. 1201
4835-
4836-June Sp. Sess., Public Act No. 21-1 150 of 303
4837-
4838-driver's license or any position subject to 49 CFR 40, 14 CFR 120 or 49
4839-CFR 16;
4840-(E) Requiring certification of completion of a course in construction
4841-safety and health approved by the federal Occupational Safety and
4842-Health Administration;
4843-(F) Requiring a federal Department of Defense or Department of
4844-Energy national security clearance;
4845-(G) For which the provisions of sections 98 to 101, inclusive, of this
4846-act, are inconsistent or otherwise in conflict with the provisions of an
4847-employment contract or collective bargaining agreement;
4848-(H) For which the provisions of sections 98 to 101, inclusive, of this
4849-act, would be inconsistent or otherwise in conflict with any provision of
4850-federal law;
4851-(I) Funded in whole or in part by a federal grant;
4852-(J) Requiring certification of completion of a course in construction
4853-safety and health approved by the federal Occupational Safety and
4854-Health Administration;
4855-(K) Requiring the supervision or care of children, medical patients or
4856-vulnerable persons;
4857-(L) With the potential to adversely impact the health or safety of
4858-employees or members of the public, in the determination of the
4859-employer;
4860-(M) At a nonprofit organization or corporation, the primary purpose
4861-of which is to discourage use of cannabis products or any other drug by
4862-the general public; or
4863-(N) At an exempt employer. Senate Bill No. 1201
4864-
4865-June Sp. Sess., Public Act No. 21-1 151 of 303
4866-
4867-(5) "Exempted employee" means an employee holding an exempted
4868-position or working for an exempted employer;
4869-(6) "On call" means a period of time for which an employee (A) is
4870-scheduled with at least twenty-four hours' notice by his or her employer
4871-to be on standby or otherwise responsible for performing tasks related
4872-to his or her employment, either at the employer's premises or other
4873-previously designated location by his or her employer or supervisor to
4874-perform a work-related task, and (B) is being compensated for such
4875-scheduled time;
4876-(7) "Work hours" means any period of time for which such employee
4877-is compensated by an employer and is performing job duties or is
4878-reasonably expected to be performing job duties; and
4879-(8) "Workplace" means the employer's premises, including any
4880-building, real property, and parking area under the control of the
4881-employer, and area used by an employee while in the performance of
4882-the employee's job duties, and the employer's vehicles, whether leased,
4883-rented, or owned.
4884-Sec. 98. (NEW) (Effective July 1, 2022) (a) No employer shall be
4885-required to make accommodations for an employee or be required to
4886-allow an employee to: (1) Perform his or her duties while under the
4887-influence of cannabis, or (2) possess, use or otherwise consume cannabis
4888-while performing such duties or on the premises of the employer, except
4889-possession of palliative cannabis by a qualifying patient under chapter
4890-420f of the general statutes.
4891-(b) (1) An employer may implement a policy prohibiting the
4892-possession, use or other consumption of cannabis by an employee,
4893-except (A) as provided in section 21a-408p of the general statutes, and
4894-(B) for possession of palliative cannabis by a qualifying patient under
4895-chapter 420f of the general statutes, provided such policy is: (i) In Senate Bill No. 1201
4896-
4897-June Sp. Sess., Public Act No. 21-1 152 of 303
4898-
4899-writing in either physical or electronic form, and (ii) made available to
4900-each employee prior to the enactment of such policy. The employer shall
4901-make any such policy available to each prospective employee at the time
4902-the employer makes an offer or conditional offer of employment to the
4903-prospective employee.
4904-(2) (A) No employer shall discharge from employment or take any
4905-adverse action against any employee with respect to compensation,
4906-terms, conditions or other privileges of employment because such
4907-employee does or does not smoke, vape, aerosolize or otherwise use
4908-cannabis products outside of the workplace, unless such employment
4909-action is made pursuant to a policy established under subdivision (1) of
4910-this subsection.
4911-(B) No employer shall discharge from employment or take any
4912-adverse action against any employee or prospective employee with
4913-respect to compensation, terms, conditions, refusal to hire or other
4914-privileges of employment because such employee or prospective
4915-employee had or had not smoked, vaped, aerosolized or otherwise used
4916-cannabis products outside of the workplace before such employee or
4917-prospective employee was employed by such employer, unless failing
4918-to do so would put the employer in violation of a federal contract or
4919-cause it to lose federal funding.
4920-(c) Nothing in sections 97 to 101, inclusive, of this act: (1) Requires an
4921-employer to amend or repeal, or affect, restrict or preempt the rights and
4922-obligations of employers to maintain a drug and alcohol-free workplace,
4923-or (2) shall limit an employer from taking appropriate adverse or other
4924-employment action upon (A) reasonable suspicion of an employee's
4925-usage of cannabis while engaged in the performance of the employee's
4926-work responsibilities at the workplace or on call, or (B) determining that
4927-an employee manifests specific, articulable symptoms of drug
4928-impairment while working at the workplace or on call that decrease or
4929-lessen the employee's performance of the duties or tasks of the Senate Bill No. 1201
4930-
4931-June Sp. Sess., Public Act No. 21-1 153 of 303
4932-
4933-employee's job position, including, but not limited to, (i) symptoms of
4934-the employee's speech, physical dexterity, agility, coordination,
4935-demeanor, irrational or unusual behavior, or negligence or carelessness
4936-in operating equipment of machinery, (ii) disregard for the safety of the
4937-employee or others, or involvement in any accident that results in
4938-serious damage to equipment or property, (iii) disruption of a
4939-production or manufacturing process, or (iv) carelessness that results in
4940-any injury to the employee or others.
4941-(d) (1) The provisions of subsection (b) of this section shall not apply
4942-to an exempted employer, an exempted employee or to any employee
4943-who holds or is applying for an exempted position.
4944-(2) Nothing in sections 97 to 101, inclusive, of this act, shall limit or
4945-prevent an employer from subjecting an employee or applicant to drug
4946-testing or a fitness for duty evaluation, or from taking adverse action,
4947-including, but not limited to, disciplining an employee, terminating the
4948-employment of an employee or rescinding a conditional job offer to a
4949-prospective employee pursuant to a policy established under
4950-subdivision (1) of subsection (b) of this section.
4951-Sec. 99. (NEW) (Effective July 1, 2022) A drug test of a prospective or
4952-existing employee, other than a prospective or existing exempted
4953-employee, that yields a positive result solely for 11-nor-9-carboxy-delta-
4954-9-tetrahydrocannabinol, shall not form the sole basis for refusal to
4955-employ or to continue to employ or otherwise penalize such prospective
4956-or existing employee, unless (1) failing to do so would put the employer
4957-in violation of a federal contract or cause it to lose federal funding, (2)
4958-the employer reasonably suspects an employee's usage of cannabis
4959-while engaged in the performance of the employee's work
4960-responsibilities, (3) the employee manifests specific, articulable
4961-symptoms of drug impairment while working that decrease or lessen
4962-the employee's performance of the duties or tasks of the employee's job
4963-position, including, but not limited to, (A) symptoms of the employee's Senate Bill No. 1201
4964-
4965-June Sp. Sess., Public Act No. 21-1 154 of 303
4966-
4967-speech, physical dexterity, agility, coordination, demeanor, irrational or
4968-unusual behavior or negligence or carelessness in operating equipment
4969-of machinery, (B) disregard for the safety of the employee or others, or
4970-involvement in any accident that results in serious damage to
4971-equipment or property, (C) disruption of a production or manufacturing
4972-process, or (D) carelessness that results in any injury to the employee or
4973-others, or (4) except as provided in section 21a-408p of the general
4974-statutes, such drug test was pursuant to a random drug testing policy
4975-pursuant to subdivision (1) of subsection (b) of section 98 of this act or
4976-was of a prospective employee with a conditional job offer, and such
4977-employer has established in such policy that a positive drug test for 11-
4978-nor-9-carboxy-delta-9-tetrahydrocannabinol may result in an adverse
4979-employment action.
4980-Sec. 100. (NEW) (Effective July 1, 2022) (a) Except as provided in
4981-subsection (b) of this section, if an employer has violated any provision
4982-of section 98 or 99 of this act, an individual aggrieved by such violation
4983-may bring a civil action for judicial enforcement of such provision in the
4984-superior court for the judicial district where the violation is alleged to
4985-have occurred, or where the employer has its principal office, within
4986-ninety days of such alleged violation, except any action involving a state
4987-agency may be brought in the superior court for the judicial district of
4988-Hartford. Any individual who prevails in such civil action may be
4989-awarded reinstatement of the individual's previous employment or job
4990-offer, back wages and reasonable attorney's fees and costs, to be taxed
4991-by the court.
4992-(b) Nothing in this section shall be construed to create or imply a
4993-cause of action for any person against an employer: (1) For actions taken
4994-based on the employer's good faith belief that an employee used or
4995-possessed cannabis, except possession of palliative cannabis by a
4996-qualifying patient under chapter 420f of the general statutes, in the
4997-employer's workplace, while performing the employee's job duties, Senate Bill No. 1201
4998-
4999-June Sp. Sess., Public Act No. 21-1 155 of 303
5000-
5001-during work hours, or while on call in violation of the employer's
5002-employment policies; (2) for actions taken, including discipline or
5003-termination of employment, based on the employer's good faith belief
5004-that an employee was unfit for duty or impaired as a result of the use of
5005-cannabis, or under the influence of cannabis, while at the employer's
5006-workplace, while performing the employee's job duties, during work
5007-hours or while on call in violation of the employer's workplace drug
5008-policy; (3) for injury, loss or liability to a third party if the employer
5009-neither knew nor had reason to know that the employee was impaired
5010-by cannabis; (4) for subjecting an employee to drug testing or a fitness
5011-for duty evaluation, pursuant to a policy established under subdivision
5012-(1) of subsection (b) of section 98 of this act; (5) for subjecting a
5013-prospective employee to drug testing or taking adverse action against a
5014-prospective employee, including, but not limited to, rescission of a
5015-conditional job offer, based on the results of a drug test, so long as no
5016-employer takes adverse action against a prospective employee in regard
5017-to a drug test that is solely positive for 11-nor-9-carboxy-delta-9-
5018-tetrahydrocannabinol unless such employer is an exempted employer,
5019-such prospective employee is applying for an exempted position, or the
5020-employer has established in an employment policy pursuant to
5021-subdivision (1) of subsection (b) of section 98 of this act that a positive
5022-drug test for 11-nor-9-carboxy-delta-9-tetrahydrocannabinol may result
5023-in adverse employment action; or (6) if such employer is an exempted
5024-employer or the claims are regarding an exempted position.
5025-(c) Notwithstanding the provisions of chapter 557 of the general
5026-statutes, no employer, officer, agent or other person who violates any
5027-provision of sections 98 to 101, inclusive, of this act shall be liable to the
5028-Labor Department for a civil penalty, nor shall the Labor Department
5029-undertake an investigation of an employer, officer, agent or other person
5030-based solely on an allegation that such employer, officer, agent or other
5031-person violated the provisions of this section. Senate Bill No. 1201
5032-
5033-June Sp. Sess., Public Act No. 21-1 156 of 303
5034-
5035-Sec. 101. (NEW) (Effective July 1, 2021) (a) Notwithstanding the
5036-provisions of sections 98 to 100, inclusive, of this act, nothing in
5037-RERACA shall be construed to apply to drug testing, conditions of
5038-continued employment or conditions for hiring employees required
5039-pursuant to:
5040-(1) Any regulation of the federal Department of Transportation, if
5041-such regulation requires testing of a prospective employee in
5042-accordance with 49 CFR 40 or any regulations of state agencies that
5043-adopt a federal regulation for purposes of enforcing the requirements of
5044-such regulation with respect to intrastate commerce;
5045-(2) Any contract entered into between the federal government and an
5046-employer or any grant of financial assistance from the federal
5047-government to an employer that requires drug testing of prospective
5048-employees as a condition of receiving the contract or grant;
5049-(3) Any federal law or state statute, regulation or order that requires
5050-drug testing of prospective employees for safety or security purposes;
5051-or
5052-(4) Any applicant whose prospective employer is a party to a valid
5053-collective bargaining agreement that specifically addresses drug testing,
5054-conditions of hiring, or conditions of continued employment of such
5055-applicant.
5056-(b) Nothing in sections 98 to 100, inclusive, of this act, shall apply to
5057-the privileges, qualifications, credentialing, review or discipline of
5058-nonemployee, licensed healthcare professionals on the medical staff of
5059-a hospital or other medical organization.
5060-Sec. 102. (NEW) (Effective July 1, 2021) (a) As used in this section:
5061-(1) "Bona fide labor organization" means a labor union that (A)
5062-represents employees in this state with regard to wages, hours and Senate Bill No. 1201
5063-
5064-June Sp. Sess., Public Act No. 21-1 157 of 303
5065-
5066-working conditions, (B) whose officers have been elected by a secret
5067-ballot or otherwise in a manner consistent with federal law, (C) is free
5068-of domination or interference by any employer and has received no
5069-improper assistance or support from any employer, and (D) is actively
5070-seeking to represent cannabis workers in the state;
5071-(2) "Labor peace agreement" means an agreement between a cannabis
5072-establishment and a bona fide labor organization under this section
5073-pursuant to which the owners and management of th e cannabis
5074-establishment agree not to lock out employees and that prohibits the
5075-bona fide labor organization from engaging in picketing, work
5076-stoppages or boycotts against the cannabis establishment;
5077-(3) "Cannabis establishment", "dispensary facility" and "producer"
5078-have the same meanings as provided in section 1 of this act; and
5079-(4) "Licensee" means a cannabis establishment licensee, dispensary
5080-facility or producer.
5081-(b) Any provisional cannabis establishment licensee, dispensary
5082-facility or producer shall, as a condition of its final license approval,
5083-license conversion or approval for expanded authorization,
5084-respectively, enter into a labor peace agreement with a bona fide labor
5085-organization. Any such labor peace agreement shall contain a clause
5086-that the parties agree that final and binding arbitration by a neutral
5087-arbitrator will be the exclusive remedy for any violation of such
5088-agreement.
5089-(c) Notwithstanding the provisions of chapter 54 of the general
5090-statutes, if an arbitrator finds that a licensee failed to comply with an
5091-order issued by the arbitrator to correct a failure to abide by such
5092-agreement, upon receipt of a written copy of such finding, the
5093-department shall suspend the licensee's license without further
5094-administrative proceedings or formal hearing. Senate Bill No. 1201
5095-
5096-June Sp. Sess., Public Act No. 21-1 158 of 303
5097-
5098-(d) A licensee or bona fide labor organization may commence a civil
5099-action in the Superior Court in the judicial district where the facility
5100-used in the operation of a cannabis establishment is located to enforce
5101-the arbitration award or to lift the license suspension. The license shall
5102-remain suspended until such time that (1) the arbitrator notifies, or both
5103-of the parties to the arbitration notify, the department that the licensee
5104-is in compliance with the arbitration award; (2) both of the parties to the
5105-arbitration notify the department that they have satisfactorily resolved
5106-their dispute; (3) the court, after hearing, lifts the suspension; or (4) the
5107-court, after hearing, orders alternative remedies, which may include, but
5108-need not be limited to, ordering the department to revoke the license or
5109-ordering the appointment of a receiver to properly dispose of any
5110-cannabis inventory. Except as provided in subsection (e) of this section,
5111-during such time that a license is suspended pursuant to this section,
5112-the licensee may engage in conduct necessary to maintain and secure
5113-the cannabis inventory, but may not sell, transport or transfer cannabis
5114-to another cannabis establishment, consumer or laboratory, unless such
5115-sale or transfer is associated with a voluntary surrender of license and a
5116-cannabis disposition plan approved by the commissioner.
5117-(e) A producer, cultivator or micro-cultivator may sell, transport or
5118-transfer cannabis to a product packager, food or beverage manufacturer,
5119-product manufacturer, dispensary facility or hybrid retailer for the sale
5120-of products to qualified patients or caregivers, which products shall be
5121-labeled "For Medical Use Only".
5122-Sec. 103. (NEW) (Effective July 1, 2021) (a) As used in this section,
5123-"project labor agreement" means an agreement between a subcontractor
5124-or contractor and a cannabis establishment that: (1) Binds all contractors
5125-and subcontractors on the covered project to the project labor agreement
5126-through the inclusion of specifications in all relevant solicitation
5127-provisions and contract documents; (2) allows all contractors and
5128-subcontractors to compete for contracts and subcontracts on the project Senate Bill No. 1201
5129-
5130-June Sp. Sess., Public Act No. 21-1 159 of 303
5131-
5132-without regard to whether they are otherwise parties to collective
5133-bargaining agreements; (3) establishes uniform terms and conditions of
5134-employment for all construction labor employed on the projects; (4)
5135-guarantees against strikes, lockouts and similar job disruptions; (5) sets
5136-forth mutually binding procedures for resolving labor disputes arising
5137-during the project labor agreement; and (6) includes any other
5138-provisions as negotiated by the parties to promote successful delivery
5139-of the covered project; and "employee organization" means any lawful
5140-association, labor organization, federation or council having as a
5141-primary purpose the improvement of wages, hours and other
5142-conditions of employment for employees of cannabis establishments.
5143-(b) A project for the construction or renovation of any facility for the
5144-operation of a cannabis establishment in an amount of five million
5145-dollars or greater shall be the subject of a project labor agreement
5146-between the contractors and subcontractors of such project and the
5147-cannabis establishment. A contractor, subcontractor or employee
5148-organization may enforce the provisions of this section or seek remedies
5149-for noncompliance with a project labor agreement entered into under
5150-this section by commencing a civil action in the Superior Court in the
5151-judicial district where the cannabis establishment project is located. The
5152-court, after hearing, may order penalties of not more than ten thousand
5153-dollars per day for each violation of the project labor agreement by the
5154-cannabis establishment. A failure of a cannabis establishment to comply
5155-with the provisions of this section shall not be the basis for any
5156-administrative action by the Department of Consumer Protection.
5157-Sec. 104. (NEW) (Effective July 1, 2021) As used in this section,
5158-"hospital" has the same meaning as provided in section 19a-490 of the
5159-general statutes and "cannabis" has the same meaning as provided in
5160-section 1 of this act. No hospital shall be required to allow a patient to
5161-use cannabis while at such hospital. A hospital may have a policy that
5162-sets forth restrictions patients shall follow regarding cannabis use. Senate Bill No. 1201
5163-
5164-June Sp. Sess., Public Act No. 21-1 160 of 303
5165-
5166-Sec. 105. (NEW) (Effective July 1, 2021) Any cannabis establishment
5167-licensee or any servant or agent of a licensee who sells or delivers
5168-cannabis or cannabis paraphernalia to any person under twenty-one
5169-years of age shall be guilty of a class A misdemeanor. For purposes of
5170-this section, "paraphernalia" has the same meaning as provided in
5171-section 1 of this act.
5172-Sec. 106. (NEW) (Effective July 1, 2021) (a) A cannabis establishment
5173-issued a license pursuant to RERACA or an agent or employee of such
5174-licensee may require any person whose age is in question to have such
5175-person's photograph be taken by, and a photocopy of such person's
5176-driver's license or identity card issued in accordance with the provisions
5177-of section 1-1h of the general statutes be made by, such licensee, agent
5178-or employee as a condition of selling or delivering cannabis or cannabis
5179-products to such person.
5180-(b) No licensee or agent or employee of a licensee shall use a
5181-photograph taken or a photocopy made pursuant to subsection (a) of
5182-this section for a purpose other than the purpose specified in said
5183-subsection.
5184-(c) No licensee or agent or employee of a licensee shall sell or
5185-otherwise disseminate a photograph taken or a photocopy made
5186-pursuant to subsection (a) of this section, or any information derived
5187-from such photograph or photocopy, to any third party for any purpose
5188-including, but not limited to, any marketing, advertising or promotional
5189-activities, except that a licensee or an agent or employee of a licensee
5190-may release such photograph, photocopy or information pursuant to a
5191-court order.
5192-(d) In any prosecution of a licensee or an agent or employee of a
5193-licensee for selling or delivering cannabis to a person under twenty-one
5194-years of age in violation of section 105 of this act, or for providing
5195-cannabis to a person under twenty-one years of age in violation of Senate Bill No. 1201
5196-
5197-June Sp. Sess., Public Act No. 21-1 161 of 303
5198-
5199-section 163 of this act, it shall be an affirmative defense that such
5200-licensee, agent or employee sold or delivered cannabis to such person in
5201-good faith and in reasonable reliance upon the identification presented
5202-by such person and, pursuant to subsection (a) of this section,
5203-photographed the person and made a photocopy of such identification.
5204-In support of such defense, such licensee, agent or employee may
5205-introduce evidence of such photograph and photocopy.
5206-(e) The Commissioner of Consumer Protection may require a
5207-cannabis establishment to use an online age verification system.
5208-Sec. 107. (NEW) (Effective July 1, 2021) Any person who induces any
5209-person under twenty-one years of age to procure cannabis from any
5210-person licensed to sell such cannabis shall be guilty of a class A
5211-misdemeanor. The provisions of this section shall not apply to (1) the
5212-procurement of cannabis by a person over eighteen years of age who is
5213-an employee registered pursuant to the provisions of section 29 of this
5214-act where such procurement is made in the course of such person's
5215-employment or business, or (2) any such inducement in furtherance of
5216-an official investigation or enforcement activity conducted by a law
5217-enforcement agency. Nothing in this section shall be construed to
5218-prevent any action from being taken against any person permitted to
5219-sell cannabis who has sold cannabis to a person under twenty-one years
5220-of age who is participating in an official investigation or enforcement
5221-activity conducted by a law enforcement agency.
5222-Sec. 108. (NEW) (Effective July 1, 2021) (a) Each person who attains the
5223-age of twenty-one years and has a motor vehicle operator's license or
5224-identity card issued in accordance with the provisions of section 1-1h of
5225-the general statutes, containing a full-face photograph of such person,
5226-may use, and each licensee may accept, such license as legal proof of the
5227-age of the person for the purposes of RERACA.
5228-(b) Any person who, for the purpose of procuring cannabis, Senate Bill No. 1201
5229-
5230-June Sp. Sess., Public Act No. 21-1 162 of 303
5231-
5232-misrepresents his or her age or uses or exhibits an operator's license
5233-belonging to any other person shall for (1) a first offense, be fined not
5234-more than two hundred fifty dollars, and (2) any subsequent offense, be
5235-guilty of a class D misdemeanor.
5236-(c) The provisions of this section shall not apply to any person
5237-employed by, or who has contracted directly or indirectly with, a state
5238-agency for the purposes of testing the age verification and product
5239-controls of cannabis retailers while performing such testing duties.
5240-Sec. 109. (NEW) (Effective July 1, 2021) (a) No person having
5241-possession of, or exercising dominion and control over, any dwelling
5242-unit or private property shall: (1) Knowingly or recklessly permit any
5243-person under twenty-one years of age to possess cannabis in violation
5244-of section 21-279a of the general statutes, in such dwelling unit or on
5245-such private property, or (2) knowing that any person under twenty-one
5246-years of age possesses cannabis in violation of section 21-279a of the
5247-general statutes, in such dwelling unit or on such private property, fail
5248-to make reasonable efforts to halt such possession.
5249-(b) Any person who violates the provisions of subsection (a) of this
5250-section shall be guilty of a class A misdemeanor.
5251-Sec. 110. (NEW) (Effective July 1, 2021) (a) No retailer or hybrid retailer
5252-or employee or agent of a retailer or hybrid retailer shall permit any
5253-person under twenty-one years of age to loiter on his or her premises
5254-where cannabis is kept for sale or be in any room on such premises
5255-where cannabis is consumed, unless such person is (1) an employee of
5256-the retailer or hybrid retailer, (2) in the case of hybrid retailer or
5257-employee or agent of a hybrid retailer, permitted under chapter 420f of
5258-the general statutes to possess or consume cannabis, or (3) accompanied
5259-by his or her parent or guardian.
5260-(b) Any retailer or hybrid retailer or employee or agent of a retailer Senate Bill No. 1201
5261-
5262-June Sp. Sess., Public Act No. 21-1 163 of 303
5263-
5264-or hybrid retailer who violates the provisions of subsection (a) of this
5265-section shall be (1) fined not more than one thousand dollars for a first
5266-offense, and (2) guilty of a class B misdemeanor for any subsequent
5267-offense.
5268-Sec. 111. Section 30-89a of the general statutes is repealed and the
5269-following is substituted in lieu thereof (Effective July 1, 2021):
5270-(a) No person having possession of, or exercising dominion and
5271-control over, any dwelling unit or private property shall (1) knowingly
5272-[,] or recklessly [or with criminal negligence] permit any minor to
5273-possess alcoholic liquor in violation of subsection (b) of section 30-89 in
5274-such dwelling unit or on such private property, or (2) knowing that any
5275-minor possesses alcoholic liquor in violation of subsection (b) of section
5276-30-89 in such dwelling unit or on such private property, fail to make
5277-reasonable efforts to halt such possession. For the purposes of this
5278-subsection, "minor" means a person under twenty-one years of age.
5279-(b) Any person who violates the provisions of subsection (a) of this
5280-section shall be guilty of a class A misdemeanor.
5281-Sec. 112. (NEW) (Effective July 1, 2021) (a) A person is guilty of
5282-smoking, otherwise inhaling or ingesting cannabis, as defined in section
5283-1 of this act, while operating a motor vehicle when he or she smokes,
5284-otherwise inhales or ingests cannabis, as defined in section 1 of this act,
5285-while operating a motor vehicle upon a public highway of this state or
5286-upon any road of any specially chartered municipal association or of
5287-any district organized under the provisions of chapter 105 of the general
5288-statutes, a purpose of which is the construction and maintenance of
5289-roads and sidewalks, or in any parking area for ten cars or more, or upon
5290-any private road on which a speed limit has been established in
5291-accordance with the provisions of section 14-218a of the general statutes
5292-or upon any school property. No person shall be convicted of smoking
5293-or otherwise inhaling or ingesting cannabis while operating a motor Senate Bill No. 1201
5294-
5295-June Sp. Sess., Public Act No. 21-1 164 of 303
5296-
5297-vehicle and possessing or having under such person's control a
5298-controlled substance upon the same transaction. A person may be
5299-charged and prosecuted for either or each such offense, a violation of
5300-operating a motor vehicle while under the influence of any drug and
5301-any other applicable offense upon the same information.
5302-(b) Smoking, otherwise inhaling or ingesting cannabis while
5303-operating a motor vehicle is a class C misdemeanor.
5304-(c) No peace officer shall stop a motor vehicle for a violation of this
5305-section if such violation is the sole reason for such stop.
5306-Sec. 113. (NEW) (Effective July 1, 2021) (a) A person is guilty of
5307-smoking or otherwise inhaling or ingesting cannabis, as defined in
5308-section 1 of this act, in a motor vehicle when he or she smokes or
5309-otherwise inhales or ingests cannabis in a motor vehicle that is being
5310-operated by another person upon a public highway of this state or upon
5311-any road of any specially chartered municipal association or of any
5312-district organized under the provisions of chapter 105 of the general
5313-statutes, a purpose of which is the construction and maintenance of
5314-roads and sidewalks, or in any parking area for ten cars or more, or upon
5315-any private road on which a speed limit has been established in
5316-accordance with the provisions of section 14-218a of the general statutes
5317-or upon any school property. No person shall be convicted of smoking
5318-or otherwise inhaling or ingesting cannabis as a passenger in a motor
5319-vehicle and possessing or having under such person's control a
5320-controlled substance upon the same transaction, but such person may
5321-be charged and prosecuted for both offenses upon the same information.
5322-(b) Smoking or otherwise inhaling or ingesting cannabis in a motor
5323-vehicle is a class D misdemeanor.
5324-(c) No peace officer shall stop a motor vehicle for a violation of this
5325-section if such violation is the sole reason for such stop. Senate Bill No. 1201
5326-
5327-June Sp. Sess., Public Act No. 21-1 165 of 303
5328-
5329-Sec. 114. (NEW) (Effective July 1, 2021) (a) Not later than January 1,
5330-2022, each law enforcement unit shall report to the Police Officer
5331-Standards and Training Council, in the manner specified by the council,
5332-a recommendation as to the minimum number of officers that such law
5333-enforcement unit should have accredited as drug recognition experts in
5334-order to ensure adequate availability of drug recognition experts to
5335-respond to instances of impaired driving, allowing that law enforcement
5336-units may call upon drug recognition experts from other law
5337-enforcement units as necessary and available. Such recommendation
5338-shall be based on data on impaired driving made available to law
5339-enforcement units by the Department of Transportation and any
5340-guidance issued by the council.
5341-(b) The Police Officer Standards and Training Council, in conjunction
5342-with the Highway Safety Office within the Department of
5343-Transportation, shall determine the minimum number of police officers
5344-to be accredited as drug recognition experts for each law enforcement
5345-unit. In making such determination, the council and office shall consider
5346-the recommendation made by each law enforcement unit pursuant to
5347-subsection (a) of this section. The council and office shall submit the
5348-results of such determination to the Governor and the Secretary of the
5349-Office of Policy and Management not later than July 1, 2022. The council
5350-and office shall update and submit such determination to the Governor
5351-and Secretary of the Office of Policy and Management no less frequently
5352-than once every three years.
5353-(c) Not later than April 1, 2022, the Police Officer Standards and
5354-Training Council shall develop and promulgate a model policy to
5355-ensure that enough police officers become trained drug recognition
5356-experts in each law enforcement unit to meet the minimum number
5357-established in subsection (b) of this section.
5358-(d) Not later than October 1, 2022, each law enforcement unit shall
5359-adopt and maintain a written policy that meets or exceeds the standards Senate Bill No. 1201
5360-
5361-June Sp. Sess., Public Act No. 21-1 166 of 303
5362-
5363-of the model policy developed pursuant to subsection (c) of this section.
5364-(e) Not later than January 1, 2022, the Police Officer Standards and
5365-Training Council and the Highway Safety Office within the Department
5366-of Transportation shall jointly issue a plan to increase access to
5367-advanced roadside impaired driving enforcement training and drug
5368-recognition expert training for police officers and law enforcement units
5369-in the state. The council and office shall update such plan no less
5370-frequently than once every three years.
5371-(f) On and after January 1, 2022, each police officer who has not yet
5372-been recertified pursuant to section 7-294e of the general statutes for the
5373-second time after receiving an initial certification, shall complete
5374-training and receive certification in advanced roadside impaired driving
5375-enforcement prior to being recertified pursuant to section 7-294e of the
5376-general statutes.
5377-(g) For purposes of this section, "advanced roadside impaired driving
5378-enforcement" means a program developed by the National Highway
5379-Traffic Safety Administration with the International Association of
5380-Chiefs of Police and the Technical Advisory Panel, which focuses on
5381-impaired driving enforcement education for police officers, or any
5382-successor to such program; "drug recognition expert" means a person
5383-certified by the International Association of Chiefs of Police as having
5384-met all requirements of the International Drug Evaluation and
5385-Classification Program; "law enforcement unit" has the same meaning
5386-as provided in section 7-294a of the general statutes; and "Police Officer
5387-Standards and Training Council" means the council established under
5388-section 7-294b of the general statutes.
5389-Sec. 115. Subsection (a) of section 14-111e of the general statutes is
5390-repealed and the following is substituted in lieu thereof (Effective April
5391-1, 2022): Senate Bill No. 1201
5392-
5393-June Sp. Sess., Public Act No. 21-1 167 of 303
5394-
5395-(a) (1) The Commissioner of Motor Vehicles shall suspend, for a
5396-period of one hundred fifty days, the motor vehicle operator's license or
5397-nonresident operating privilege of any person who has been convicted
5398-of a violation of section 30-88a involving the misuse of an operator's
5399-license and who was under the age of twenty-one at the time of such
5400-violation.
5401-(2) The commissioner shall suspend, for a period of sixty days, the
5402-motor vehicle operator's license or nonresident operating privilege of
5403-any person who has been convicted of a violation of subdivision (1) of
5404-subsection (b) of section 30-89 [,] or subsection [(a)] (b), or (c) of section
5405-21a-279a [or subsection (d) of section 21a-267] and who was under the
5406-age of twenty-one at the time of such violation.
5407-(3) The commissioner shall suspend, for a period of thirty days, the
5408-motor vehicle operator's license or nonresident operating privilege of
5409-any person who has been convicted of a violation of subdivision (2) of
5410-subsection (b) of section 30-89 and who was under the age of twenty-
5411-one at the time of such violation.
5412-Sec. 116. Subsections (a) to (e), inclusive, of section 14-227a of the
5413-general statutes are repealed and the following is substituted in lieu
5414-thereof (Effective April 1, 2022):
5415-(a) No person shall operate a motor vehicle while under the influence
5416-of intoxicating liquor or any drug or both. A person commits the offense
5417-of operating a motor vehicle while under the influence of intoxicating
5418-liquor or any drug or both if such person operates a motor vehicle (1)
5419-while under the influence of intoxicating liquor or any drug or both, or
5420-(2) while such person has an elevated blood alcohol content. For the
5421-purposes of this section, "elevated blood alcohol content" means a ratio
5422-of alcohol in the blood of such person that is eight-hundredths of one
5423-per cent or more of alcohol, by weight, except that if such person is
5424-operating a commercial motor vehicle, "elevated blood alcohol content" Senate Bill No. 1201
5425-
5426-June Sp. Sess., Public Act No. 21-1 168 of 303
5427-
5428-means a ratio of alcohol in the blood of such person that is four-
5429-hundredths of one per cent or more of alcohol, by weight, and "motor
5430-vehicle" includes a snowmobile and all-terrain vehicle, as those terms
5431-are defined in section 14-379. For purposes of this section, section 14-
5432-227b and section 14-227c, (A) "advanced roadside impaired driving
5433-enforcement" means a program developed by the National Highway
5434-Traffic Safety Administration with the International Association of
5435-Chiefs of Police and the Technical Advisory Panel, which focuses on
5436-impaired driving enforcement education for police officers, or any
5437-successor to such program; (B) "drug influence evaluation" means an
5438-evaluation developed by the National Highway Traffic Safety
5439-Administration and the International Association of Chiefs of Police that
5440-is conducted by a drug recognition expert to determine the level of a
5441-person's impairment from the use of drugs and the drug category
5442-causing such impairment; (C) "drug recognition expert" means a person
5443-certified by the International Association of Chiefs of Police as having
5444-met all requirements of the International Drug Evaluation and
5445-Classification Program; and (D) "nontestimonial portion of a drug
5446-influence evaluation" means a drug influence evaluation conducted by
5447-a drug recognition expert that does not include a verbal interview with
5448-the subject.
5449-(b) Except as provided in subsection (c) of this section, in any criminal
5450-prosecution for violation of subsection (a) of this section, evidence
5451-respecting the amount of alcohol or drug in the defendant's blood or
5452-urine at the time of the alleged offense, as shown by a chemical
5453-[analysis] test of the defendant's breath, blood or urine, shall be
5454-admissible and competent provided: (1) The defendant was afforded a
5455-reasonable opportunity to telephone an attorney prior to the
5456-performance of the test and consented to the taking of the test upon
5457-which such analysis is made; (2) a true copy of the report of the test
5458-result was mailed to or personally delivered to the defendant within
5459-twenty-four hours or by the end of the next regular business day, after Senate Bill No. 1201
5460-
5461-June Sp. Sess., Public Act No. 21-1 169 of 303
5462-
5463-such result was known, whichever is later; (3) the test was performed
5464-by or at the direction of a police officer according to methods and with
5465-equipment approved by the Department of Emergency Services and
5466-Public Protection and was performed in accordance with the regulations
5467-adopted under subsection (d) of this section; (4) the device used for such
5468-test was checked for accuracy in accordance with the regulations
5469-adopted under subsection (d) of this section; (5) an additional chemical
5470-test of the same type was performed at least ten minutes after the initial
5471-test was performed or, if requested by the police officer for reasonable
5472-cause, an additional chemical test of a different type was performed,
5473-including a test to detect the presence of a drug or drugs other than or
5474-in addition to alcohol, provided the results of the initial test shall not be
5475-inadmissible under this subsection if reasonable efforts were made to
5476-have such additional test performed in accordance with the conditions
5477-set forth in this subsection and (A) such additional test was not
5478-performed or was not performed within a reasonable time, or (B) the
5479-results of such additional test are not admissible for failure to meet a
5480-condition set forth in this subsection; and (6) evidence is presented that
5481-the test was commenced within two hours of operation. In any
5482-prosecution under this section it shall be a rebuttable presumption that
5483-the results of such chemical [analysis] test establish the ratio of alcohol
5484-in the blood of the defendant at the time of the alleged offense, except
5485-that if the results of the additional test indicate that the ratio of alcohol
5486-in the blood of such defendant is ten-hundredths of one per cent or less
5487-of alcohol, by weight, and is higher than the results of the first test,
5488-evidence shall be presented that demonstrates that the test results and
5489-the analysis thereof accurately indicate the blood alcohol content at the
5490-time of the alleged offense.
5491-(c) In any prosecution for a violation of subdivision (1) of subsection
5492-(a) of this section, reliable evidence respecting the amount of alcohol in
5493-the defendant's blood or urine at the time of the alleged offense, as
5494-shown by a chemical analysis of the defendant's blood, breath or urine, Senate Bill No. 1201
5495-
5496-June Sp. Sess., Public Act No. 21-1 170 of 303
5497-
5498-otherwise admissible under subdivision (1) of subsection (b) of this
5499-section, shall be admissible only at the request of the defendant.
5500-(d) The Commissioner of Emergency Services and Public Protection
5501-shall ascertain the reliability of each method and type of device offered
5502-for chemical testing [and analysis purposes] of blood, of breath and of
5503-urine and certify those methods and types which [said] the
5504-commissioner finds suitable for use in testing [and analysis] of blood,
5505-breath and urine, respectively, in this state. The Commissioner of
5506-Emergency Services and Public Protection shall adopt regulations, in
5507-accordance with chapter 54, governing the conduct of chemical tests, the
5508-operation and use of chemical test devices, the training and certification
5509-of operators of such devices and the drawing or obtaining of blood,
5510-breath or urine samples as [said] the commissioner finds necessary to
5511-protect the health and safety of persons who submit to chemical tests
5512-and to insure reasonable accuracy in testing results. Such regulations
5513-shall not require recertification of a police officer solely because such
5514-officer terminates such officer's employment with the law enforcement
5515-agency for which certification was originally issued and commences
5516-employment with another such agency.
5517-(e) (1) In any criminal prosecution for a violation of subsection (a) of
5518-this section, evidence that the defendant refused to submit to a blood,
5519-breath or urine test or the nontestimonial portion of a drug influence
5520-evaluation requested in accordance with section 14-227b shall be
5521-admissible provided the requirements of subsection (b) of said section
5522-have been satisfied. If a case involving a violation of subsection (a) of
5523-this section is tried to a jury, the court shall instruct the jury as to any
5524-inference that may or may not be drawn from the defendant's refusal to
5525-submit to [a blood, breath or urine test] such a test or evaluation.
5526-(2) In any prosecution for a violation of subdivision (1) of subsection
5527-(a) of this section in which it is alleged that the defendant's operation of
5528-a motor vehicle was impaired, in whole or in part, by consumption of Senate Bill No. 1201
5529-
5530-June Sp. Sess., Public Act No. 21-1 171 of 303
5531-
5532-cannabis, as defined in section 1 of this act, the court may take judicial
5533-notice that the ingestion of cannabis (A) can impair a person's ability to
5534-operate a motor vehicle; (B) can cause impairment of motor function,
5535-reaction time, tracking ability, cognitive attention, decision-making,
5536-judgment, perception, peripheral vision, impulse control or memory;
5537-and (C) does not enhance a person's ability to safely operate a motor
5538-vehicle.
5539-Sec. 117. Subsection (j) of section 14-227a of the general statutes is
5540-repealed and the following is substituted in lieu thereof (Effective April
5541-1, 2022):
5542-(j) In addition to any fine or sentence imposed pursuant to the
5543-provisions of subsection (g) of this section, the court may order such
5544-person to participate in an alcohol education and treatment program or
5545-the pretrial impaired driving intervention program established under
5546-section 167 of this act, if such person was operating a motor vehicle
5547-under the influence of intoxicating liquor or under the influence of both
5548-intoxicating liquor and any drug.
5549-Sec. 118. Section 14-227b of the general statutes is repealed and the
5550-following is substituted in lieu thereof (Effective April 1, 2022):
5551-(a) Any person who operates a motor vehicle in this state shall be
5552-deemed to have given such person's consent to: [a] (1) A chemical
5553-[analysis] test of such person's blood, breath or urine; [and, if] and (2) a
5554-nontestimonial portion of a drug influence evaluation conducted by a
5555-drug recognition expert. If such person is a minor, such person's parent
5556-or parents or guardian shall also be deemed to have given their consent
5557-for such test or evaluation.
5558-[(b) If any such person, having been placed under arrest for a
5559-violation of section 14-227a or 14-227m or subdivision (1) or (2) of
5560-subsection (a) of section 14-227n, and thereafter, after being apprised of Senate Bill No. 1201
5561-
5562-June Sp. Sess., Public Act No. 21-1 172 of 303
5563-
5564-such person's constitutional rights, having been requested to submit to
5565-a blood, breath or urine test at the option of the police officer, having
5566-been afforded a reasonable opportunity to telephone an attorney prior
5567-to the performance of such test and having been informed that such
5568-person's license or nonresident operating privilege may be suspended
5569-in accordance with the provisions of this section if such person refuses
5570-to submit to such test, or if such person submits to such test and the
5571-results of such test indicate that such person has an elevated blood
5572-alcohol content, and that evidence of any such refusal shall be
5573-admissible in accordance with subsection (e) of section 14-227a and may
5574-be used against such person in any criminal prosecution, refuses to
5575-submit to the designated test, the test shall not be given; provided, if the
5576-person refuses or is unable to submit to a blood test, the police officer
5577-shall designate the breath or urine test as the test to be taken. The police
5578-officer shall make a notation upon the records of the police department
5579-that such officer informed the person that such person's license or
5580-nonresident operating privilege may be suspended if such person
5581-refused to submit to such test or if such person submitted to such test
5582-and the results of such test indicated that such person had an elevated
5583-blood alcohol content.]
5584-(b) (1) A police officer who has placed a person under arrest for a
5585-violation of section 14-227a, 14-227m or subdivision (1) or (2) of
5586-subsection (a) of section 14-227n may request that such person submit
5587-to a blood, breath or urine test at the option of the police officer, a drug
5588-influence evaluation conducted by a drug recognition expert, or both,
5589-after such person has been (A) apprised of such person's constitutional
5590-rights; (B) afforded a reasonable opportunity to telephone an attorney
5591-prior to the performance of such test or evaluation; (C) informed that
5592-evidence of any refusal to submit to such test or evaluation shall be
5593-admissible in accordance with subsection (e) of section 14-227a and may
5594-be used against such person in any criminal prosecution, except that
5595-refusal to submit to the testimonial portions of a drug influence Senate Bill No. 1201
5596-
5597-June Sp. Sess., Public Act No. 21-1 173 of 303
5598-
5599-evaluation shall not be considered evidence of refusal of such evaluation
5600-for purposes of any criminal prosecution; and (D) informed that such
5601-person's license or operating privilege may be suspended in accordance
5602-with the provisions of this section if (i) such person refuses to submit to
5603-such test or the nontestimonial portion of a drug influence evaluation,
5604-(ii) such person submits to such test and the results of such test indicate
5605-that such person has an elevated blood alcohol content, or (iii) the officer
5606-concludes, through investigation, that such person was operating a
5607-motor vehicle under the influence of intoxicating liquor or any drug, or
5608-both.
5609-(2) If the person refuses to submit to any test or drug influence
5610-evaluation, the test or evaluation shall not be given, except if the person
5611-refuses or is unable to submit to a blood test, the police officer shall
5612-designate another test to be taken. If a person submits to a breath test
5613-and the police officer, for reasonable cause, requests an additional
5614-chemical test of a different type to detect the presence of a drug or drugs
5615-other than or in addition to alcohol, the officer may administer such test,
5616-except that if such person refuses or is unable to submit to a blood test,
5617-the officer shall designate a urine test to be taken. The police officer shall
5618-make a notation upon the records of the law enforcement unit, as
5619-defined in section 7-294a, that such officer informed the person that such
5620-person's license or operating privilege may be suspended if (A) such
5621-person refused to submit to such test or nontestimonial portion of a drug
5622-influence evaluation; (B) such person submitted to such test and the
5623-results of such test indicated that such person had an elevated blood
5624-alcohol content; or (C) the officer concludes, through investigation, that
5625-such person was operating a motor vehicle under the influence of
5626-intoxicating liquor or any drug, or both.
5627-(c) If the person arrested refuses to submit to such test or [analysis]
5628-nontestimonial portion of a drug influence evaluation or submits to such
5629-test, [or analysis,] commenced within two hours of the time of operation, Senate Bill No. 1201
5630-
5631-June Sp. Sess., Public Act No. 21-1 174 of 303
5632-
5633-and the results of such test [or analysis] indicate that such person has an
5634-elevated blood alcohol content, the police officer, acting on behalf of the
5635-Commissioner of Motor Vehicles, shall immediately revoke and take
5636-possession of the motor vehicle operator's license or, if such person is
5637-not licensed or is a nonresident, suspend the [nonresident] operating
5638-privilege of such person, for a twenty-four-hour period. The police
5639-officer shall prepare a report of the incident and shall mail or otherwise
5640-transmit in accordance with this subsection the report and a copy of the
5641-results of any chemical test [or analysis] to the Department of Motor
5642-Vehicles within three business days. The report shall contain such
5643-information as prescribed by the Commissioner of Motor Vehicles and
5644-shall be subscribed and sworn to under penalty of false statement as
5645-provided in section 53a-157b by the arresting officer. If the person
5646-arrested refused to submit to such test or [analysis] evaluation, the
5647-report shall be endorsed by a third person who witnessed such refusal.
5648-The report shall set forth the grounds for the officer's belief that there
5649-was probable cause to arrest such person for a violation of section 14-
5650-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-
5651-227n and shall state that such person had refused to submit to such test
5652-or [analysis] evaluation when requested by such police officer to do so
5653-or that such person submitted to such test, [or analysis,] commenced
5654-within two hours of the time of operation, and the results of such test
5655-[or analysis] indicated that such person had an elevated blood alcohol
5656-content. The Commissioner of Motor Vehicles may accept a police
5657-report under this subsection that is prepared and transmitted as an
5658-electronic record, including electronic signature or signatures, subject to
5659-such security procedures as the commissioner may specify and in
5660-accordance with the provisions of sections 1-266 to 1-286, inclusive. In
5661-any hearing conducted pursuant to the provisions of subsection (g) of
5662-this section, it shall not be a ground for objection to the admissibility of
5663-a police report that it is an electronic record prepared by electronic
5664-means. Senate Bill No. 1201
5665-
5666-June Sp. Sess., Public Act No. 21-1 175 of 303
5667-
5668-[(d) If the person arrested submits to a blood or urine test at the
5669-request of the police officer, and the specimen requires laboratory
5670-analysis in order to obtain the test results, the police officer shall not take
5671-possession of the motor vehicle operator's license of such person or,
5672-except as provided in this subsection, follow the procedures subsequent
5673-to taking possession of the operator's license as set forth in subsection
5674-(c) of this section. If the test results indicate that such person has an
5675-elevated blood alcohol content, the police officer, immediately upon
5676-receipt of the test results, shall notify the Commissioner of Motor
5677-Vehicles and submit to the commissioner the written report required
5678-pursuant to subsection (c) of this section.]
5679-(d) If a police officer who has placed a person under arrest for a
5680-violation of section 14-227a or 14-227m or subdivision (1) or (2) of
5681-subsection (a) of section 14-227n does not request that such person
5682-submit to a blood, breath or urine test under subsection (b) of this
5683-section, or obtains results from a test administered under subsection (b)
5684-of this section that indicate that the person does not have an elevated
5685-blood alcohol content, such officer shall:
5686-(1) Advise such person that such person's license or operating
5687-privilege may be suspended in accordance with the provisions of this
5688-section if such police officer concludes, through investigation, that such
5689-person was operating a motor vehicle under the influence of
5690-intoxicating liquor or any drug, or both; and
5691-(2) Submit a report to the commissioner in accordance with the
5692-procedure set forth in subsection (c) of this section and, if such report
5693-contains the results of a blood, breath or urine test that does not show
5694-an elevated blood alcohol content, such report shall conform to the
5695-requirements in subsection (c) of this section for reports that contain
5696-results showing an elevated blood alcohol content. In any report
5697-submitted under this subdivision, the officer shall document (A) the
5698-basis for the officer's belief that there was probable cause to arrest such Senate Bill No. 1201
5699-
5700-June Sp. Sess., Public Act No. 21-1 176 of 303
5701-
5702-person for a violation of section 14-227a or 14-227m or subdivision (1)
5703-or (2) of subsection (a) of section 14-227n, and (B) whether the officer
5704-concluded, through investigation, that the person was operating a
5705-motor vehicle under the influence of intoxicating liquor or any drug, or
5706-both. With such report, the officer may submit other supporting
5707-documentation indicating the person's intoxication by liquor or any
5708-drug, or both. If the officer concludes, through investigation, that the
5709-person was operating a motor vehicle under the influence of
5710-intoxicating liquor or any drug, or both, the officer shall immediately
5711-revoke and take possession of the motor vehicle operator's license or, if
5712-such person is not licensed or is a nonresident, suspend the operating
5713-privilege of such person for a twenty-four-hour period.
5714-(e) (1) Except as provided in subdivision (2) of this subsection, upon
5715-receipt of [such] a report submitted under subsection (c) or (d) of this
5716-section, the [Commissioner of Motor Vehicles] commissioner may
5717-suspend any operator's license or [nonresident] operating privilege of
5718-such person effective as of a date certain, which date certain shall be not
5719-later than thirty days [after] from the later of the date such person
5720-received (A) notice of such person's arrest by the police officer, or (B) the
5721-results of a blood or urine test or a drug influence evaluation. Any
5722-person whose operator's license or [nonresident] operating privilege has
5723-been suspended in accordance with this subdivision shall automatically
5724-be entitled to a hearing before the commissioner to be held in accordance
5725-with the provisions of chapter 54 and prior to the effective date of the
5726-suspension. The commissioner shall send a suspension notice to such
5727-person informing such person that such person's operator's license or
5728-[nonresident] operating privilege is suspended as of a date certain and
5729-that such person is entitled to a hearing prior to the effective date of the
5730-suspension and may schedule such hearing by contacting the
5731-Department of Motor Vehicles not later than seven days after the date
5732-of mailing of such suspension notice. Senate Bill No. 1201
5733-
5734-June Sp. Sess., Public Act No. 21-1 177 of 303
5735-
5736-(2) [If the person arrested (A) is] Upon receipt of a report that (A) the
5737-person's arrest involved [in] an accident resulting in a fatality, or (B) the
5738-person has previously had such person's operator's license or
5739-[nonresident] operating privilege suspended under the provisions of
5740-section 14-227a, 14-227m or 14-227n during the ten-year period
5741-preceding the present arrest, [upon receipt of such report, the
5742-Commissioner of Motor Vehicles] the commissioner may suspend any
5743-operator's license or [nonresident] operating privilege of such person
5744-effective as of the date specified in a notice of such suspension to such
5745-person. [Any] A person whose operator's license or [nonresident]
5746-operating privilege has been suspended in accordance with this
5747-subdivision shall automatically be entitled to a hearing before the
5748-commissioner, to be held in accordance with the provisions of chapter
5749-54. The commissioner shall send a suspension notice to such person
5750-informing such person that such person's operator's license or
5751-[nonresident] operating privilege is suspended as of the date specified
5752-in such suspension notice, and that such person is entitled to a hearing
5753-and may schedule such hearing by contacting the Department of Motor
5754-Vehicles not later than seven days after the date of mailing of such
5755-suspension notice. Any suspension issued under this subdivision shall
5756-remain in effect until such suspension is affirmed under subsection (f)
5757-of this section or such operator's license or [nonresident] operating
5758-privilege is reinstated in accordance with [subsections (f) and]
5759-subsection (h) of this section.
5760-(f) If such person does not contact the department to schedule a
5761-hearing, the commissioner shall affirm the suspension contained in the
5762-suspension notice for the appropriate period specified in subsection (i)
5763-of this section.
5764-(g) (1) If such person contacts the department to schedule a hearing,
5765-the department shall assign a date, time and place for the hearing, which
5766-date shall be prior to the effective date of the suspension, except that, Senate Bill No. 1201
5767-
5768-June Sp. Sess., Public Act No. 21-1 178 of 303
5769-
5770-with respect to a person whose operator's license or [nonresident]
5771-operating privilege is suspended in accordance with subdivision (2) of
5772-subsection (e) of this section, such hearing shall be scheduled not later
5773-than thirty days after such person contacts the department. At the
5774-request of such person, the hearing officer or the department and upon
5775-a showing of good cause, the commissioner may grant one or more
5776-continuances. [The hearing]
5777-(2) A hearing based on a report submitted under subsection (c) of this
5778-section shall be limited to a determination of the following issues: [(1)]
5779-(A) Did the police officer have probable cause to arrest the person for
5780-operating a motor vehicle while under the influence of intoxicating
5781-liquor or any drug, or both; [(2)] (B) was such person placed under
5782-arrest; [(3)] (C) did such person (i) refuse to submit to such test or
5783-[analysis or did such person] nontestimonial portion of a drug influence
5784-evaluation, or (ii) submit to such test, [or analysis,] commenced within
5785-two hours of the time of operation, and the results of such test [or
5786-analysis] indicated that such person had an elevated blood alcohol
5787-content; and [(4)] (D) was such person operating the motor vehicle.
5788-(3) A hearing based on a report submitted under subsection (d) of this
5789-section shall be limited to a determination of the following issues: (A)
5790-Did the police officer have probable cause to arrest the person for
5791-operating a motor vehicle while under the influence of intoxicating
5792-liquor or any drug, or both; (B) was such person placed under arrest; (C)
5793-was such person operating a motor vehicle under the influence of
5794-intoxicating liquor or any drug, or both; and (D) was such person
5795-operating the motor vehicle.
5796-(4) In [the] a hearing under this subsection, the results of the test, [or
5797-analysis] if administered, shall be sufficient to indicate the ratio of
5798-alcohol in the blood of such person at the time of operation, provided
5799-such test was commenced within two hours of the time of operation.
5800-The fees of any witness summoned to appear at [the] a hearing under Senate Bill No. 1201
5801-
5802-June Sp. Sess., Public Act No. 21-1 179 of 303
5803-
5804-this subsection shall be the same as provided by the general statutes for
5805-witnesses in criminal cases. Notwithstanding the provisions of
5806-subsection (a) of section 52-143, any subpoena summoning a police
5807-officer as a witness shall be served not less than seventy-two hours prior
5808-to the designated time of the hearing.
5809-(5) In a hearing based on a report submitted under subsection (d) of
5810-this section, evidence of operation under the influence of intoxicating
5811-liquor or any drug, or both shall be admissible. Such evidence may
5812-include, but need not be limited to, (A) the police officer's observations
5813-of intoxication, as documented in a report submitted to the
5814-commissioner under subsection (d) of this section; (B) the results of any
5815-chemical test administered under this section or a toxicology report
5816-certified by the Division of Scientific Services within the Department of
5817-Emergency Services and Public Protection; (C) hospital or medical
5818-records obtained in accordance with subsection (j) of this section or by
5819-the consent of the operator; (D) the results of any tests conducted by, or
5820-the report of, an officer trained in advanced roadside impaired driving
5821-enforcement; or (E) reports of drug recognition experts.
5822-(h) If, after [such] a hearing under subdivision (2) of subsection (g) of
5823-this section, the commissioner finds in the negative on any one of the
5824-[said] issues [in the negative] specified in subparagraph (A), (B), (C) or
5825-(D) of said subdivision, the commissioner shall reinstate such license or
5826-operating privilege. If, after a hearing under subdivision (3) of
5827-subsection (g) of this section, the commissioner finds in the negative on
5828-any one of the issues specified in subparagraph (A), (B), (C) or (D) of
5829-said subdivision, the commissioner shall reinstate such license or
5830-operating privilege. If, after such hearing under subdivision (2) or (3) of
5831-subsection (g) of this section, the commissioner does not find on any one
5832-of [the] said issues in the negative or if such person fails to appear at
5833-such hearing, the commissioner shall affirm the suspension contained
5834-in the suspension notice for the appropriate period specified in Senate Bill No. 1201
5835-
5836-June Sp. Sess., Public Act No. 21-1 180 of 303
5837-
5838-subsection (i) of this section. The commissioner shall render a decision
5839-at the conclusion of such hearing and send a notice of the decision by
5840-bulk certified mail to such person. The notice of such decision sent by
5841-bulk certified mail to the address of such person as shown by the records
5842-of the commissioner shall be sufficient notice to such person that such
5843-person's operator's license or [nonresident] operating privilege is
5844-reinstated or suspended, as the case may be.
5845-(i) (1) The commissioner shall suspend the operator's license or
5846-[nonresident] operating privilege of a person who did not contact the
5847-department to schedule a hearing, who failed to appear at a hearing, or
5848-against whom a decision was issued, after a hearing, pursuant to
5849-subsection (h) of this section, as of the effective date contained in the
5850-suspension notice, for a period of forty-five days. As a condition for the
5851-restoration of such operator's license or [nonresident] operating
5852-privilege, such person shall be required to install an ignition interlock
5853-device on each motor vehicle owned or operated by such person and,
5854-upon such restoration, be prohibited from operating a motor vehicle
5855-unless such motor vehicle is equipped with a functioning, approved
5856-ignition interlock device, as defined in section 14-227j, for the longer of
5857-either (A) the period prescribed in subdivision (2) of this subsection for
5858-the present arrest and suspension, or (B) the period prescribed in
5859-subdivision (1), (2) or (3) of subsection (g) of section 14-227a or
5860-subdivision (1), (2) or (3) of subsection (c) of section 14-227m or
5861-subdivision (1) or (2) of subsection (c) of section 14-227n for the present
5862-arrest and conviction, if any.
5863-(2) (A) A person twenty-one years of age or older at the time of the
5864-arrest who submitted to a test [or analysis] and the results of such test
5865-[or analysis] indicated that such person had an elevated blood alcohol
5866-content, or was found to have been operating a motor vehicle under the
5867-influence of intoxicating liquor or any drug, or both based on a report
5868-filed pursuant to subsection (d) of this section, shall install and maintain Senate Bill No. 1201
5869-
5870-June Sp. Sess., Public Act No. 21-1 181 of 303
5871-
5872-an ignition interlock device for the following periods: (i) For a first
5873-suspension under this section, six months; (ii) for a second suspension
5874-under this section, one year; and (iii) for a third or subsequent
5875-suspension under this section, two years; (B) a person under twenty-one
5876-years of age at the time of the arrest who submitted to a test [or analysis]
5877-and the results of such test [or analysis] indicated that such person had
5878-an elevated blood alcohol content, or was found to have been operating
5879-a motor vehicle under the influence of intoxicating liquor or any drug,
5880-or both based on a report filed pursuant to subsection (d) of this section,
5881-shall install and maintain an ignition interlock device for the following
5882-periods: (i) For a first suspension under this section, one year; (ii) for a
5883-second suspension under this section, two years; and (iii) for a third or
5884-subsequent suspension under this section, three years; and (C) a person,
5885-regardless of age, who refused to submit to a test or [analysis]
5886-nontestimonial portion of a drug influence evaluation shall install and
5887-maintain an ignition interlock device for the following periods: (i) For a
5888-first suspension under this section, one year; (ii) for a second suspension
5889-under this section, two years; and (iii) for a third or subsequent
5890-suspension, under this section, three years.
5891-(3) Notwithstanding the provisions of subdivisions (1) and (2) of this
5892-subsection, a person whose motor vehicle operator's license or
5893-[nonresident] operating privilege has been permanently revoked upon
5894-a third offense pursuant to subsection (g) of section 14-227a or
5895-subsection (c) of section 14-227m shall be subject to the penalties
5896-prescribed in subdivision (2) of subsection (i) of section 14-111.
5897-(j) Notwithstanding the provisions of subsections (b) to (i), inclusive,
5898-of this section, any police officer who obtains the results of a [chemical
5899-analysis] test of a blood sample taken from or a urine sample provided
5900-by an operator of a motor vehicle who was involved in an accident and
5901-suffered or allegedly suffered physical injury in such accident, or who
5902-was otherwise deemed by a police officer to require treatment or Senate Bill No. 1201
5903-
5904-June Sp. Sess., Public Act No. 21-1 182 of 303
5905-
5906-observation at a hospital, shall notify the [Commissioner of Motor
5907-Vehicles] commissioner and submit to the commissioner a written
5908-report if such results indicate that such person had an elevated blood
5909-alcohol content, or any quantity of an intoxicating liquor or any drug, or
5910-both, in such person's blood, and if such person was arrested for
5911-violation of section 14-227a or 14-227m or subdivision (1) or (2) of
5912-subsection (a) of section 14-227n. The report shall be made on a form
5913-approved by the commissioner containing such information as the
5914-commissioner prescribes, and shall be subscribed and sworn to under
5915-penalty of false statement, as provided in section 53a-157b, by the police
5916-officer. The commissioner may, after notice and an opportunity for
5917-hearing, which shall be conducted by a hearing officer on behalf of the
5918-commissioner in accordance with chapter 54, suspend the motor vehicle
5919-operator's license or [nonresident] operating privilege of such person for
5920-the appropriate period of time specified in subsection (i) of this section
5921-and require such person to install and maintain an ignition interlock
5922-device for the appropriate period of time prescribed in subsection (i) of
5923-this section. Each hearing conducted under this subsection shall be
5924-limited to a determination of the following issues: (1) Whether the police
5925-officer had probable cause to arrest the person for operating a motor
5926-vehicle while under the influence of intoxicating liquor or drug, or both;
5927-(2) whether such person was placed under arrest; (3) whether such
5928-person was operating the motor vehicle; (4) whether (A) the results of
5929-the analysis of the blood or urine of such person indicate that such
5930-person had an elevated blood alcohol content, or (B) the person was
5931-operating a motor vehicle under the influence of intoxicating liquor or
5932-any drug, or both; and (5) in the event that a blood sample was taken,
5933-whether the blood sample was obtained in accordance with conditions
5934-for admissibility and competence as evidence as set forth in subsection
5935-(k) of section 14-227a. If, after such hearing, the commissioner finds on
5936-any one of the said issues in the negative, the commissioner shall not
5937-impose a suspension. The fees of any witness summoned to appear at
5938-the hearing shall be the same as provided by the general statutes for Senate Bill No. 1201
5939-
5940-June Sp. Sess., Public Act No. 21-1 183 of 303
5941-
5942-witnesses in criminal cases, as provided in section 52-260.
5943-(k) The provisions of this section shall apply with the same effect to
5944-the refusal by any person to submit to an additional chemical test as
5945-provided in subparagraph (E) of subdivision [(5)] (1) of subsection (b)
5946-of section 14-227a.
5947-(l) The provisions of this section shall not apply to any person whose
5948-physical condition is such that, according to competent medical advice,
5949-such test would be inadvisable.
5950-(m) The state shall pay the reasonable charges of any physician who,
5951-at the request of a [municipal police department] law enforcement unit,
5952-as defined in section 7-294a, takes a blood sample for purposes of a test
5953-under the provisions of this section.
5954-(n) For the purposes of this section, "elevated blood alcohol content"
5955-means (1) a ratio of alcohol in the blood of such person that is eight-
5956-hundredths of one per cent or more of alcohol, by weight, (2) if such
5957-person is operating a commercial motor vehicle, a ratio of alcohol in the
5958-blood of such person that is four-hundredths of one per cent or more of
5959-alcohol, by weight, or (3) if such person is less than twenty-one years of
5960-age, a ratio of alcohol in the blood of such person that is two-hundredths
5961-of one per cent or more of alcohol, by weight.
5962-(o) The Commissioner of Motor Vehicles shall adopt regulations, in
5963-accordance with chapter 54, to implement the provisions of this section.
5964-Sec. 119. Section 14-227c of the general statutes is repealed and the
5965-following is substituted in lieu thereof (Effective April 1, 2022):
5966-(a) As part of the investigation of any motor vehicle accident resulting
5967-in the death of a person, the Chief Medical Examiner, Deputy Chief
5968-Medical Examiner, an associate medical examiner, a pathologist as
5969-specified in section 19a-405, or an authorized assistant medical Senate Bill No. 1201
5970-
5971-June Sp. Sess., Public Act No. 21-1 184 of 303
5972-
5973-examiner, as the case may be, shall order that a blood sample be taken
5974-from the body of any operator or pedestrian who dies as a result of such
5975-accident. Such blood samples shall be examined for the presence and
5976-concentration of alcohol and any drug by the Division of Scientific
5977-Services within the Department of Emergency Services and Public
5978-Protection or by the Office of the Chief Medical Examiner, or by any
5979-forensic toxicology laboratory pursuant to an agreement with the office.
5980-Nothing in this subsection or section 19a-406 shall be construed as
5981-requiring such medical examiner to perform an autopsy in connection
5982-with obtaining such blood samples.
5983-(b) [A blood or breath sample shall be obtained from any surviving
5984-operator whose motor vehicle is involved in an accident resulting in the
5985-serious physical injury, as defined in section 53a-3, or death of another
5986-person, if] If any surviving operator whose motor vehicle is involved in
5987-an accident resulting in the serious physical injury, as defined in section
5988-53a-3, or death of another person, and (1) a police officer has probable
5989-cause to believe that such operator operated such motor vehicle while
5990-under the influence of intoxicating liquor or any drug, or both, or (2)
5991-such operator has been charged with a motor vehicle violation in
5992-connection with such accident and a police officer has a reasonable and
5993-articulable suspicion that such operator operated such motor vehicle
5994-while under the influence of intoxicating liquor or any drug, or both:
5995-(A) A blood, breath or urine sample shall be obtained from such
5996-surviving operator. The test shall be performed by or at the direction of
5997-a police officer according to methods and with equipment approved by
5998-the Department of Emergency Services and Public Protection and shall
5999-be performed by a person certified or recertified for such purpose by
6000-said department or recertified by persons certified as instructors by the
6001-Commissioner of Emergency Services and Public Protection. The
6002-equipment used for such test shall be checked for accuracy by a person
6003-certified by the Department of Emergency Services and Public Senate Bill No. 1201
6004-
6005-June Sp. Sess., Public Act No. 21-1 185 of 303
6006-
6007-Protection immediately before and after such test is performed. If a
6008-blood test is performed, it shall be on a blood sample taken by a person
6009-licensed to practice medicine and surgery in this state, a qualified
6010-laboratory technician, a registered nurse, a physician assistant or a
6011-phlebotomist. [The blood samples] A blood sample obtained from an
6012-operator pursuant to this subsection shall be examined for the presence
6013-and concentration of alcohol and any drug by the Division of Scientific
6014-Services within the Department of Emergency Services and Public
6015-Protection; [.] and
6016-(B) A drug recognition expert shall conduct a drug influence
6017-evaluation of such surviving operator, provided such operator is not
6018-seriously injured or otherwise unable to take such evaluation as a result
6019-of the accident.
6020-(c) Each police officer who obtains from a surviving operator any
6021-blood, breath or urine sample or a drug influence evaluation conducted
6022-on such operator pursuant to subsection (b) of this section shall submit
6023-to the Commissioner of Motor Vehicles a written report providing the
6024-results of such sample or evaluation on a form approved by the
6025-commissioner. The commissioner may, after notice and an opportunity
6026-for a hearing held in accordance with chapter 54 and section 14-227b,
6027-suspend the motor vehicle operator's license or operating privilege of
6028-such person and require such person to install and maintain an ignition
6029-interlock device as provided for in subsection (i) of section 14-227b. Such
6030-hearing shall be limited to a determination of the following issues: (1)
6031-Was the person operating the motor vehicle; (2) was the person's sample
6032-obtained in accordance with, or drug influence evaluation conducted
6033-pursuant to, the provisions of subsection (b) of this section; and (3) was
6034-the examined sample found to have an elevated blood alcohol content,
6035-as defined in section 14-227b or was the person operating the motor
6036-vehicle under the influence of intoxicating liquor or any drug, or both.
6037-(d) In any motor vehicle accident resulting in the death of a person, Senate Bill No. 1201
6038-
6039-June Sp. Sess., Public Act No. 21-1 186 of 303
6040-
6041-the law enforcement unit, as defined in section 7-294a, responding to the
6042-accident shall assign an officer trained in advanced roadside impaired
6043-driving enforcement to respond, if such an officer is available.
6044-Sec. 120. Subsection (c) of section 14-44k of the general statutes is
6045-repealed and the following is substituted in lieu thereof (Effective April
6046-1, 2022):
6047-(c) In addition to any other penalties provided by law, and except as
6048-provided in subsection (d) of this section, a person is disqualified from
6049-operating a commercial motor vehicle for one year if the commissioner
6050-finds that such person (1) has refused to submit to a test to determine
6051-such person's blood alcohol concentration while operating any motor
6052-vehicle [, or has failed such a test when given,] or to a nontestimonial
6053-portion of a drug influence evaluation conducted by a drug recognition
6054-expert, (2) has an elevated blood alcohol content based on such a test
6055-pursuant to section 14-227b, or (3) was found to have been operating
6056-under the influence of intoxicating liquor or any drug, or both based on
6057-a report filed pursuant to the provisions of subsection (d) of section 14-
6058-227b or pursuant to the provisions of a law of any other state that is
6059-deemed by the commissioner to be substantially similar to section 14-
6060-227b. For the purpose of this subsection, [a person shall be deemed to
6061-have failed such a test if, when driving a commercial motor vehicle, the
6062-ratio of alcohol in the blood of such person was four-hundredths of one
6063-per cent or more of alcohol, by weight, or if, when driving any other
6064-motor vehicle, the ratio of alcohol in the blood of such person was eight-
6065-hundredths of one per cent or more of alcohol, by weight] "drug
6066-recognition expert," "elevated blood alcohol content" and
6067-"nontestimonial portion of a drug influence evaluation" have the same
6068-meanings as provided in section 14-227a.
6069-Sec. 121. (NEW) (Effective July 1, 2021) The state Traffic Safety
6070-Resource Prosecutor, in consultation with the Department of
6071-Transportation, the Department of Motor Vehicles, the state-wide drug Senate Bill No. 1201
6072-
6073-June Sp. Sess., Public Act No. 21-1 187 of 303
6074-
6075-recognition expert coordinator, and the Connecticut Police Chiefs
6076-Association, shall seek any guidance available from the National
6077-Highway Traffic Safety Administration, and shall (1) develop
6078-educational materials and programs about the drug recognition expert
6079-program and drug influence evaluations, and (2) make such materials
6080-and programs available to the Judicial Branch and the Connecticut
6081-Judges Association.
6082-Sec. 122. Section 15-140q of the general statutes is repealed and the
6083-following is substituted in lieu thereof (Effective April 1, 2022):
6084-(a) Any person who operates a vessel in this state shall be deemed to
6085-have consented to (1) a chemical [analysis] test of such person's blood,
6086-breath or urine, [and if] and (2) a nontestimonial portion of a drug
6087-influence evaluation conducted by a drug recognition expert. If such
6088-person is a minor, such person's parent or parents or guardian shall also
6089-be deemed to have given their consent for such [an analysis of the
6090-minor's blood, breath or urine] test or evaluation.
6091-[(b) If any such person, having been placed under arrest for: (1)
6092-Violating subsection (b) of section 53-206d; (2) operating a vessel upon
6093-the waters of this state while under the influence of intoxicating liquor
6094-or any drug, or both; (3) operating a vessel upon the waters of this state
6095-while such person has an elevated blood alcohol content, and thereafter,
6096-after being apprised of such person's constitutional rights, having been
6097-requested to submit to a blood, breath or urine test at the option of the
6098-police officer, having been afforded a reasonable opportunity to
6099-telephone an attorney prior to the performance of such test and having
6100-been informed that such person's safe boating certificate, right to
6101-operate a vessel that requires a safe boating certificate for operation or
6102-certificate of personal watercraft operation issued by the commissioner
6103-as a condition of operating a vessel shall be suspended in accordance
6104-with the provisions of this section if such person refuses to submit to
6105-such test or if such person submits to such test and the results of such Senate Bill No. 1201
6106-
6107-June Sp. Sess., Public Act No. 21-1 188 of 303
6108-
6109-test indicate that such person has an elevated blood alcohol content and
6110-that evidence of any such refusal shall be admissible in accordance with
6111-subsection (d) of section 15-140r, and may be used against such person
6112-in any criminal prosecution, refuses to submit to the designated test, the
6113-test shall not be given; provided, if such person refuses or is unable to
6114-submit to a blood test, the peace officer shall designate the breath or
6115-urine test as the test to be taken. The peace officer shall make a notation
6116-upon the records of the police department that such officer informed
6117-such person that such person's safe boating certificate, right to operate
6118-a vessel that requires a safe boating certificate for operation or certificate
6119-of personal watercraft operation would be suspended if such person
6120-refused to submit to such test or if such person submitted to such test
6121-and the results of such test indicated that such person has an elevated
6122-blood alcohol content.]
6123-(b) (1) A peace officer who has placed a person under arrest for
6124-violating subsection (b) of section 53-206d; operating a vessel upon the
6125-waters of this state while under the influence of intoxicating liquor or
6126-any drug, or both; or operating a vessel upon the waters of this state
6127-while such person has an elevated blood alcohol content, may request
6128-that such person submit to a blood, breath or urine test at the option of
6129-the peace officer, a drug influence evaluation conducted by a drug
6130-recognition expert, or both, after such person has been (A) apprised of
6131-such person's constitutional rights, (B) afforded a reasonable
6132-opportunity to telephone an attorney prior to the performance of such
6133-test or evaluation, (C) informed that evidence of any refusal to submit
6134-to such test or evaluation shall be admissible in accordance with
6135-subsection (d) of section 15-140r and may be used against such person
6136-in any criminal prosecution, except that refusal to submit to the
6137-testimonial portions of a drug influence evaluation shall not be
6138-considered evidence of refusal of such evaluation for purposes of any
6139-criminal prosecution, and (D) informed that such person's safe boating
6140-certificate, right to operate a vessel that requires a safe boating certificate Senate Bill No. 1201
6141-
6142-June Sp. Sess., Public Act No. 21-1 189 of 303
6143-
6144-for operation or certificate of personal watercraft operation issued by
6145-the commissioner as a condition of operating a vessel may be suspended
6146-in accordance with the provisions of this section if (i) such person
6147-refuses to submit to such test or nontestimonial portion of a drug
6148-influence evaluation, (ii) such person submits to such test and the results
6149-of such test indicate that such person has an elevated blood alcohol
6150-content, or (iii) the officer concludes, through investigation, that such
6151-person was operating a vessel under the influence of intoxicating liquor
6152-or any drug, or both.
6153-(2) If the person refuses to submit to any test or drug influence
6154-evaluation, the test or evaluation shall not be given, except that if the
6155-person refuses or is unable to submit to a blood test, the peace officer
6156-shall designate another test to be taken. If the person submits to a breath
6157-test and the peace officer, for reasonable cause, requests an additional
6158-chemical test of a different type to detect the presence of a drug or drugs
6159-other than or in addition to alcohol, the peace officer may administer
6160-such test, except that if the person refuses or is unable to submit to a
6161-blood test, the peace officer shall designate a urine test to be taken. The
6162-peace officer shall make a notation upon the records of the law
6163-enforcement unit, as defined in section 7-294a, that such officer
6164-informed the person that such person's safe boating certificate, right to
6165-operate a vessel that requires a safe boating certificate for operation or
6166-certificate of personal watercraft operation may be suspended if such
6167-person (A) refused to submit to such test or the nontestimonial portion
6168-of a drug influence evaluation; (B) submitted to such test and the results
6169-of such test indicated that such person had an elevated blood alcohol
6170-content; or (C) the officer concludes, through investigation, that such
6171-person was operating a vessel under the influence of intoxicating liquor
6172-or any drug, or both.
6173-(c) If the person arrested refuses to submit to such test or [analysis]
6174-nontestimonial portion of a drug influence evaluation, or submits to Senate Bill No. 1201
6175-
6176-June Sp. Sess., Public Act No. 21-1 190 of 303
6177-
6178-such test [or analysis] and the results of such test [or analysis] indicate
6179-that at the time of the alleged offense such person had an elevated blood
6180-alcohol content, the peace officer shall immediately revoke the safe
6181-boating certificate, right to operate a vessel that requires a safe boating
6182-certificate for operation or certificate of personal watercraft operation, if
6183-any, of such person for a twenty-four-hour period. The peace officer
6184-shall prepare a written report of the incident and shall mail the report,
6185-together with any certificate taken into possession and a copy of the
6186-results of any chemical test, [or analysis,] to the commissioner within
6187-three business days. The report shall be made on a form approved by
6188-the commissioner and shall be subscribed and sworn to under penalty
6189-of false statement as provided in section 53a-157b by the peace officer
6190-before whom such refusal was made or who administered or caused to
6191-be administered such test. [or analysis.] If the person arrested refused to
6192-submit to such test or [analysis] evaluation, the report shall be endorsed
6193-by a third person who witnessed such refusal. The report shall set forth
6194-the grounds for the officer's belief that there was probable cause to arrest
6195-such person for operating such vessel while under the influence of
6196-intoxicating liquor or any drug, or both, or while such person has an
6197-elevated blood alcohol content and shall state that such person refused
6198-to submit to such test or [analysis] evaluation when requested by such
6199-peace officer or that such person submitted to such test [or analysis] and
6200-the results of such test [or analysis] indicated that such person at the
6201-time of the alleged offense had an elevated blood alcohol content.
6202-[(d) If the person arrested submits to a blood or urine test at the
6203-request of the peace officer, and the specimen requires laboratory
6204-analysis in order to obtain the test results, and if the test results indicate
6205-that such person has an elevated blood alcohol content, the peace officer,
6206-immediately upon receipt of the test results, shall notify and submit to
6207-the commissioner the written report required pursuant to subsection (c)
6208-of this section.] Senate Bill No. 1201
6209-
6210-June Sp. Sess., Public Act No. 21-1 191 of 303
6211-
6212-(d) If a peace officer has placed a person under arrest for violating
6213-subsection (b) of section 53-206d; operating a vessel upon the waters of
6214-this state while under the influence of intoxicating liquor or any drug,
6215-or both; or operating a vessel upon the waters of this state while such
6216-person has an elevated blood alcohol content and does not request that
6217-such person submit to a blood, breath or urine test under subsection (b)
6218-of this section, or obtains test results from a test administered under
6219-subsection (b) of this section that indicate that the person does not have
6220-an elevated blood alcohol content, such officer shall:
6221-(1) Advise such person that such person's safe boating certificate,
6222-right to operate a vessel that requires a safe boating certificate for
6223-operation or certificate of personal watercraft operation issued by the
6224-commissioner as a condition of operating a vessel may be suspended in
6225-accordance with the provisions of this section if such officer concludes,
6226-through a police investigation, that such person was operating a vessel
6227-under the influence of intoxicating liquor or any drug, or both; and
6228-(2) Submit a report to the commissioner in accordance with the
6229-procedure set forth in subsection (c) of this section and, if such report
6230-contains the results of a blood, breath or urine test that does not show
6231-an elevated blood alcohol content, such report shall conform to the
6232-requirements in subsection (c) of this section for reports that contain
6233-results showing an elevated blood alcohol content. In any report
6234-submitted under this subdivision, the officer shall document (A) the
6235-basis for the officer's belief that there was probable cause to arrest such
6236-person for a violation of subsection (b) of section 53-206d; operating a
6237-vessel upon the waters of this state while under the influence of
6238-intoxicating liquor or any drug, or both; or operating a vessel upon the
6239-waters of this state while such person has an elevated blood alcohol
6240-content, and (B) whether the officer concludes, through investigation,
6241-that the person was operating a vessel under the influence of
6242-intoxicating liquor or any drug, or both. With such report, the officer Senate Bill No. 1201
6243-
6244-June Sp. Sess., Public Act No. 21-1 192 of 303
6245-
6246-may submit other supporting documentation indicating the person's
6247-intoxication by liquor or any drug, or both. If the officer concludes,
6248-through investigation, that the person was operating a vessel under the
6249-influence of intoxicating liquor or any drug, or both, the officer shall
6250-immediately revoke and take possession of the person's safe boating
6251-certificate, right to operate a vessel that requires a safe boating certificate
6252-for operation or certificate of personal watercraft operation issued by
6253-the commissioner as a condition of operating a vessel, for a twenty-four-
6254-hour period.
6255-(e) Upon receipt of [such] a report submitted under subsection (c) or
6256-(d) of this section, the commissioner shall suspend the safe boating
6257-certificate, right to operate a vessel that requires a safe boating certificate
6258-for operation or certificate of personal watercraft operation of such
6259-person effective as of a date certain, and such date certain shall be no
6260-later than thirty-five days [after] from the later of the date such person
6261-received (1) notice of such person's arrest by the peace officer, or (2) the
6262-results of a blood or urine test or a drug influence evaluation. Any
6263-person whose safe boating certificate, right to operate a vessel that
6264-requires a safe boating certificate for operation or certificate of personal
6265-watercraft operation is suspended in accordance with this subsection
6266-shall be entitled to a hearing before the commissioner to be held prior to
6267-the effective date of the suspension. The commissioner shall send a
6268-suspension notice to such person informing such person that such
6269-person's safe boating certificate, right to operate a vessel that requires a
6270-safe boating certificate for operation or certificate of personal watercraft
6271-operation is suspended and shall specify the date of such suspension
6272-and that such person is entitled to a hearing prior to the effective date of
6273-the suspension and may schedule such hearing by contacting the
6274-commissioner not later than seven days after the date of mailing of such
6275-suspension notice.
6276-(f) If such person does not contact the department to schedule a Senate Bill No. 1201
6277-
6278-June Sp. Sess., Public Act No. 21-1 193 of 303
6279-
6280-hearing, the commissioner shall affirm the suspension contained in the
6281-suspension notice for the appropriate period specified in subsection (i)
6282-of this section.
6283-(g) (1) If such person contacts the department to schedule a hearing,
6284-the commissioner shall assign a date, time and place for the hearing,
6285-which date shall be prior to the effective date of the suspension. At the
6286-request of such person and upon a showing of good cause, the
6287-commissioner may grant one continuance for a period not to exceed
6288-thirty days. [The hearing]
6289-(2) A hearing based on a report submitted under subsection (c) of this
6290-section shall be limited to a determination of the following issues: [(1)]
6291-(A) Whether the peace officer had probable cause to arrest the person
6292-for operating the vessel while under the influence of intoxicating liquor
6293-or drugs, or both, or while such person has an elevated blood alcohol
6294-content; [(2)] (B) whether such person was placed under arrest; [(3)] (C)
6295-whether such person [(A)] (i) refused to submit to such test or [analysis]
6296-nontestimonial portion of a drug influence evaluation, or [(B)] (ii)
6297-submitted to such test [or analysis] and the results of such test [or
6298-analysis] indicated that at the time of the alleged offense that such
6299-person had an elevated blood alcohol content; and [(4)] (D) whether
6300-such person was operating the vessel.
6301-(3) A hearing based on a report submitted under subsection (d) of this
6302-section shall be limited to a determination of the following issues: (A)
6303-Whether the peace officer had probable cause to arrest the person for
6304-operating a vessel while under the influence of intoxicating liquor or
6305-drugs, or both, or while such person has an elevated blood alcohol
6306-content; (B) whether such person was placed under arrest; (C) whether
6307-such person was operating a vessel under the influence of intoxicating
6308-liquor or any drug, or both; and (D) whether such person was operating
6309-the vessel. Senate Bill No. 1201
6310-
6311-June Sp. Sess., Public Act No. 21-1 194 of 303
6312-
6313-(4) At [the] a hearing held under this subsection, the results of the
6314-test, [or analysis] if administered, shall be sufficient to indicate the ratio
6315-of alcohol in the blood of such person at the time of operation, except
6316-that if the results of an additional test, administered pursuant to section
6317-15-140r, indicate that the ratio of alcohol in the blood of such person is
6318-eight-hundredths of one per cent or less of alcohol, by weight, and is
6319-higher than the results of the first test, evidence shall be presented that
6320-demonstrates that the test results and analysis thereof accurately
6321-indicate the blood alcohol content at the time of operation. The fees of
6322-any witness summoned to appear at [the] a hearing under this
6323-subsection shall be the same as provided in section 52-260.
6324-(5) In a hearing based on a report submitted under subsection (d) of
6325-this section, evidence of operation under the influence of intoxicating
6326-liquor or any drug, or both shall be admissible. Such evidence may
6327-include, but need not be limited to, (A) the peace officer's observations
6328-of intoxication, as documented in a report submitted to the
6329-commissioner under subsection (d) of this section; (B) the results of any
6330-chemical test administered under this section or a toxicology report
6331-certified by the Division of Scientific Services within the Department of
6332-Emergency Services and Public Protection; (C) hospital or medical
6333-records obtained in accordance with subsection (j) of this section or by
6334-the consent of the operator; or (D) reports of drug recognition experts.
6335-(h) If, after [such] a hearing under subdivision (2) of subsection (g) of
6336-this section, the commissioner finds in the negative on any one of [said]
6337-the issues specified in [the negative] subparagraph (A), (B), (C) or (D) of
6338-said subdivision, the commissioner shall stay the safe boating certificate,
6339-right to operate a vessel that requires a safe boating certificate for
6340-operation or certificate of personal watercraft operation suspension. If,
6341-after a hearing under subdivision (3) of subsection (g) of this section, the
6342-commissioner finds in the negative on any one of the issues specified in
6343-subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner Senate Bill No. 1201
6344-
6345-June Sp. Sess., Public Act No. 21-1 195 of 303
6346-
6347-shall stay the safe boating certificate, right to operate a vessel that
6348-requires a safe boating certificate for operation or certificate of personal
6349-watercraft operation suspension. If, after such hearing under
6350-subdivision (2) or (3) of subsection (g) of this section, the commissioner
6351-does not find on any one of said issues in the negative or if such person
6352-fails to appear at such hearing, the commissioner shall affirm the
6353-suspension contained in the suspension notice for the appropriate
6354-period specified in subsection (i) of this section. The commissioner shall
6355-render a decision at the conclusion of such hearing or send a notice of
6356-the decision by certified mail to such person not later than thirty-five
6357-days from the date of notice of such person's arrest by the peace officer
6358-or, if a continuance is granted, not later than sixty-five days from the
6359-date such person received notice of such person's arrest by the peace
6360-officer. The notice of such decision sent by certified mail to the address
6361-of such person as shown by the records of the commissioner shall be
6362-sufficient notice to such person that such person's safe boating
6363-certificate, right to operate a vessel that requires a safe boating certificate
6364-for operation or certificate of personal watercraft operation is suspended
6365-or the suspension is stayed. Unless a continuance of the hearing is
6366-granted pursuant to subsection (g) of this section, if the commissioner
6367-fails to render a decision within thirty-five days from the date that such
6368-person received notice of such person's arrest by the peace officer, the
6369-commissioner shall not suspend such person's safe boating certificate,
6370-right to operate a vessel that requires a safe boating certificate for
6371-operation or certificate of personal watercraft operation.
6372-(i) The commissioner shall suspend the operator's safe boating
6373-certificate, right to operate a vessel that requires a safe boating certificate
6374-for operation or certificate of personal watercraft operation of a person
6375-who does not contact the department to schedule a hearing under
6376-subsection (e) of this section, who fails to appear at such hearing, or
6377-against whom, after a hearing, the commissioner holds pursuant to
6378-subsection (g) of this section. Such suspension shall be as of the effective Senate Bill No. 1201
6379-
6380-June Sp. Sess., Public Act No. 21-1 196 of 303
6381-
6382-date contained in the suspension notice or the date the commissioner
6383-renders a decision, whichever is later, for a period of: (1) (A) Except as
6384-provided in subparagraph (B) of this subdivision, ninety days if such
6385-person submitted to a test [or analysis] and the results of such test [or
6386-analysis] indicated that at the time of the alleged offense that such
6387-person had an elevated blood alcohol content, or such person was found
6388-to have been operating a vessel under the influence of intoxicating
6389-liquor or any drug, or both, based on a report filed pursuant to
6390-subsection (d) of this section, or (B) one hundred twenty days if such
6391-person submitted to a test [or analysis] and the results of such test [or
6392-analysis] indicated that the ratio of alcohol in the blood of such person
6393-was sixteen-hundredths of one per cent or more of alcohol, by weight,
6394-or (C) six months if such person refused to submit to such test; [or
6395-analysis;] (2) if such person has previously had such person's safe
6396-boating certificate, right to operate a vessel that requires a safe boating
6397-certificate for operation or certificate of personal watercraft operation
6398-suspended under this section, (A) except as provided in subparagraph
6399-(B) of this subdivision, nine months if such person submitted to a test
6400-[or analysis] and the results of such test [or analysis] indicated that at
6401-the time of the alleged offense that such person had an elevated blood
6402-alcohol content, or such person was found to have been operating a
6403-vessel under the influence of intoxicating liquor or any drug, or both,
6404-based on a report filed pursuant to subsection (d) of this section, (B) ten
6405-months if such person submitted to a test [or analysis] and the results of
6406-such test [or analysis] indicated that the ratio of alcohol in the blood of
6407-such person was sixteen-hundredths of one per cent or more of alcohol,
6408-by weight, and (C) one year if such person refused to submit to such
6409-test; [or analysis;] and (3) if such person has two or more times
6410-previously had such person's safe boating certificate, right to operate a
6411-vessel that requires a safe boating certificate for operation or certificate
6412-of personal watercraft operation suspended under this section, (A)
6413-except as provided in subparagraph (B) of this subdivision, two years if
6414-such person submitted to a test [or analysis] and the results of such test Senate Bill No. 1201
6415-
6416-June Sp. Sess., Public Act No. 21-1 197 of 303
6417-
6418-[or analysis] indicated that at the time of the alleged offense that such
6419-person had an elevated blood alcohol content, or such person was found
6420-to have been operating a vessel under the influence of intoxicating
6421-liquor or any drug, or both, based on a report filed pursuant to
6422-subsection (d) of this section, (B) two and one-half years if such person
6423-submitted to a test [or analysis] and the results of such test [or analysis]
6424-indicated that the ratio of alcohol in the blood of such person was
6425-sixteen-hundredths of one per cent or more of alcohol, by weight, and
6426-(C) three years if such person refused to submit to such test. [or
6427-analysis.]
6428-(j) Notwithstanding the provisions of subsections (b) to (i), inclusive,
6429-of this section, any peace officer who obtains the results of a chemical
6430-analysis of a blood sample taken from an operator of a vessel involved
6431-in an accident who suffered or allegedly suffered physical injury in such
6432-accident shall notify the commissioner and submit to the commissioner
6433-a written report if such results indicate that at the time of the alleged
6434-offense such person had an elevated blood alcohol content, or any
6435-quantity of an intoxicating liquor or any drug, or both, in such person's
6436-blood, and if such person was arrested for a violation of section 15-132a,
6437-subsection (d) of section 15-133 or section 15-140l or 15-140n in
6438-connection with such accident. The report shall be made on a form
6439-approved by the commissioner containing such information as the
6440-commissioner prescribes and shall be subscribed and sworn under
6441-penalty of false statement, as provided in section 53a-157b, by the peace
6442-officer. The commissioner shall, after notice and an opportunity for
6443-hearing, which shall be conducted in accordance with chapter 54,
6444-suspend the safe boating certificate, right to operate a vessel that
6445-requires a safe boating certificate for operation or certificate of personal
6446-watercraft operation of such person for a period of up to ninety days,
6447-or, if such person has previously had such person's operating privilege
6448-suspended under this section, for a period up to one year. Each hearing
6449-conducted under this section shall be limited to a determination of the Senate Bill No. 1201
6450-
6451-June Sp. Sess., Public Act No. 21-1 198 of 303
6452-
6453-following issues: (1) Whether the peace officer had probable cause to
6454-arrest the person for operating a vessel while under the influence of
6455-intoxicating liquor or drugs, or both, or while such person has an
6456-elevated blood alcohol content; (2) whether such person was placed
6457-under arrest; (3) whether such person was operating the vessel; (4)
6458-whether (A) the results of the analysis of the blood of such person
6459-indicate that such person had an elevated blood alcohol content, or (B)
6460-the person was operating a vessel under the influence of intoxicating
6461-liquor or any drug, or both; and (5) whether the blood sample was
6462-obtained in accordance with conditions for admissibility as set forth in
6463-section 15-140s. If, after such hearing, the commissioner finds on any
6464-issue in the negative, the commissioner shall not impose a suspension.
6465-The fees of any witness summoned to appear at the hearing shall be the
6466-same as provided by the general statutes for witnesses in criminal cases.
6467-(k) The provisions of this section shall apply with the same effect to
6468-the refusal by any person to submit to an additional chemical test as
6469-provided in [subdivision (5)] subparagraph (E) of subdivision (1) of
6470-subsection (a) of section 15-140r.
6471-(l) The provisions of this section do not apply to any person whose
6472-physical condition is such that, according to competent medical advice,
6473-such test would be inadvisable.
6474-(m) The state shall pay the reasonable charges of any physician who,
6475-at the request of a [municipal police department] law enforcement unit,
6476-as defined in section 7-294a, takes a blood sample for purposes of a test
6477-under the provisions of this section.
6478-(n) For the purposes of this section, "elevated blood alcohol content"
6479-means: (1) A ratio of alcohol in the blood of such person that is eight-
6480-hundredths of one per cent or more of alcohol, by weight, or (2) if such
6481-person is under twenty-one years of age, a ratio of alcohol in the blood
6482-of such person that is two-hundredths of one per cent or more of alcohol, Senate Bill No. 1201
6483-
6484-June Sp. Sess., Public Act No. 21-1 199 of 303
6485-
6486-by weight.
6487-(o) The commissioner may adopt regulations, in accordance with
6488-chapter 54, to implement the provisions of this section.
6489-(p) For purposes of this section and section 15-140r, (1) "drug
6490-influence evaluation" means an evaluation developed by the National
6491-Highway Traffic Safety Administration and the International
6492-Association of Chiefs of Police that is conducted by a drug recognition
6493-expert to determine the level of a person's impairment from the use of
6494-drugs and the drug category causing such impairment; (2) "drug
6495-recognition expert" means a person certified by the International
6496-Association of Chiefs of Police as having met all requirements of the
6497-International Drug Evaluation and Classification Program; and (3)
6498-"nontestimonial portion of a drug influence evaluation" means a drug
6499-influence evaluation conducted by a drug recognition expert that does
6500-not include a verbal interview with the subject.
6501-Sec. 123. Section 15-140r of the general statutes is repealed and the
6502-following is substituted in lieu thereof (Effective April 1, 2022):
6503-(a) Except as provided in section 15-140s or subsection (d) of this
6504-section, in any criminal prosecution for the violation of section 15-132a,
6505-subsection (d) of section 15-133, section 15-140l or 15-140n or subsection
6506-(b) of section 53-206d, evidence respecting the amount of alcohol or drug
6507-in the defendant's blood or urine at the time of the alleged offense, as
6508-shown by a chemical [analysis] test of the defendant's breath, blood or
6509-urine shall be admissible and competent provided: (1) The defendant
6510-was afforded a reasonable opportunity to telephone an attorney prior to
6511-the performance of the test and consented to the taking of the test upon
6512-which such analysis is made; (2) a true copy of the report of the test
6513-result was mailed to or personally delivered to the defendant within
6514-twenty-four hours or by the end of the next regular business day, after
6515-such result was known, whichever is later; (3) the test was performed Senate Bill No. 1201
6516-
6517-June Sp. Sess., Public Act No. 21-1 200 of 303
6518-
6519-by or at the direction of a certified law enforcement officer according to
6520-methods and with equipment approved by the Department of
6521-Emergency Services and Public Protection, and if a blood test was
6522-performed, it was performed on a blood sample taken by a person
6523-licensed to practice medicine and surgery in this state, a qualified
6524-laboratory technician, an emergency medical technician II or a
6525-registered nurse in accordance with the regulations adopted under
6526-subsection (b) of this section; (4) the device used for such test was
6527-checked for accuracy in accordance with the regulations adopted under
6528-subsection (b) of this section; (5) an additional chemical test of the same
6529-type was performed at least ten minutes after the initial test was
6530-performed or, if requested by the peace officer for reasonable cause, an
6531-additional chemical test of a different type was performed, including a
6532-test to detect the presence of a drug or drugs other than or in addition
6533-to alcohol, except that the results of the initial test shall not be
6534-inadmissible under this subsection if reasonable efforts were made to
6535-have such additional test performed in accordance with the conditions
6536-set forth in this subsection and (A) such additional test was not
6537-performed or was not performed within a reasonable time, or (B) the
6538-results of such additional test are not admissible for failure to meet a
6539-condition set forth in this subsection; and (6) evidence is presented that
6540-the test was commenced within two hours of operation of the vessel or
6541-expert testimony establishes the reliability of a test commenced beyond
6542-two hours of operation of the vessel. In any prosecution under this
6543-section, it shall be a rebuttable presumption that the results of such
6544-chemical analysis establish the ratio of alcohol in the blood of the
6545-defendant at the time of the alleged offense, except that if the results of
6546-the additional test indicate that the ratio of alcohol in the blood of such
6547-defendant is ten-hundredths of one per cent or less of alcohol, by weight,
6548-and is higher than the results of the first test, evidence shall be presented
6549-that demonstrates that the test results and the analysis thereof
6550-accurately indicate the blood alcohol content at the time of the alleged
6551-offense. Senate Bill No. 1201
6552-
6553-June Sp. Sess., Public Act No. 21-1 201 of 303
6554-
6555-(b) The Commissioner of Emergency Services and Public Protection
6556-shall ascertain the reliability of each method and type of device offered
6557-for chemical testing and analysis of blood, of breath and of urine and
6558-certify those methods and types which the Commissioner of Emergency
6559-Services and Public Protection finds suitable for use in testing and
6560-analysis of blood, breath and urine, respectively, in this state. The
6561-Commissioner of Emergency Services and Public Protection, after
6562-consultation with the Commissioner of Public Health, shall adopt
6563-regulations, in accordance with chapter 54, governing the conduct of
6564-chemical tests, the operation and use of chemical test devices and the
6565-training and certification of operators of such devices and the drawing
6566-or obtaining of blood, breath or urine samples as the Commissioner of
6567-Emergency Services and Public Protection finds necessary to protect the
6568-health and safety of persons who submit to chemical tests and to insure
6569-reasonable accuracy in testing results. Such regulations shall not require
6570-recertification of a peace officer solely because such officer terminates
6571-such officer's employment with the law enforcement agency for which
6572-certification was originally issued and commences employment with
6573-another such agency.
6574-(c) If a person is charged with a violation of section 15-132a,
6575-subsection (d) of section 15-133 or section 15-140l or 15-140n, the charge
6576-may not be reduced, nolled or dismissed unless the prosecuting
6577-authority states in open court such prosecutor's reasons for the
6578-reduction, nolle or dismissal.
6579-(d) (1) In any criminal prosecution for a violation of section 15-132a,
6580-subsection (d) of section 15-133 or section 15-140l or 15-140n, evidence
6581-that the defendant refused to submit to a blood, breath or urine test or
6582-the nontestimonial portion of a drug influence evaluation requested in
6583-accordance with section 15-140q shall be admissible provided the
6584-requirements of subsection (a) of said section have been satisfied. If a
6585-case involving a violation of section 15-132a, subsection (d) of section Senate Bill No. 1201
6586-
6587-June Sp. Sess., Public Act No. 21-1 202 of 303
6588-
6589-15-133 or section 15-140l or 15-140n is tried to a jury, the court shall
6590-instruct the jury as to any inference that may or may not be drawn from
6591-the defendant's refusal to submit to a blood, breath or urine test or
6592-evaluation.
6593-(2) In any prosecution for a violation of subsection (a) of this section
6594-in which it is alleged that the defendant's operation of a vessel was
6595-impaired, in whole or in part, by consumption of cannabis, as defined
6596-in section 1 of this act, the court may take judicial notice that the
6597-ingestion of cannabis (A) can impair a person's ability to operate a
6598-vessel; (B) can cause impairment of motor function, reaction time,
6599-tracking ability, cognitive attention, decision-making, judgment,
6600-perception, peripheral vision, impulse control or memory; and (C) does
6601-not enhance a person's ability to safely operate a vessel.
6602-Sec. 124. (Effective July 1, 2021) Not later than July 1, 2022, the
6603-Commissioner of Transportation, in consultation with the
6604-Commissioner of Motor Vehicles and a task force established within the
6605-Executive Branch known as the Statewide Impaired Driving Task Force,
6606-shall make recommendations to the Governor and, in accordance with
6607-the provisions of section 11-4a of the general statutes, the joint standing
6608-committees of the General Assembly having cognizance of matters
6609-relating to the judiciary and transportation regarding (1) the
6610-enhancement of data collection regarding impaired driving, including,
6611-but not limited to, the possibility of reorganizing the state's impaired
6612-driving statutes into separate offenses for operation under the influence
6613-of alcohol, operation under the influence of any drug and operation
6614-under the influence of both alcohol and any drug, (2) the
6615-implementation of an electronic warrant pilot program in impaired
6616-driving investigations, and (3) the merits and feasibility of a pilot
6617-program for oral fluid testing in impaired driving investigations.
6618-Sec. 125. (NEW) (Effective July 1, 2021) (a) As used in this section and
6619-sections 126 and 127 of this act: Senate Bill No. 1201
6620-
6621-June Sp. Sess., Public Act No. 21-1 203 of 303
6622-
6623-(1) "Cannabis" has the same meaning as provided in section 1 of this
6624-act;
6625-(2) "Cannabis concentrate" has the same meaning as provided in
6626-section 1 of this act;
6627-(3) "Cannabis edible product" means a product containing cannabis
6628-or cannabis concentrate, combined with other ingredients, that is
6629-intended for use or consumption through ingestion, including
6630-sublingual or oral absorption;
6631-(4) "Cannabis plant material" has the same meaning as provided in
6632-section 21a-279a of the general statutes;
6633-(5) "Cannabis retailer" means "retailer", as defined in section 1 of this
6634-act;
6635-(6) "Consumer" has the same meaning as provided in section 1 of this
6636-act;
6637-(7) "Cultivator" has the same meaning as provided in section 1 of this
6638-act;
6639-(8) "Delivery service" has the same meaning as provided in section 1
6640-of this act;
6641-(9) "Dispensary facility" has the same meaning as provided in section
6642-1 of this act;
6643-(10) "Food and beverage manufacturer" has the same meaning as
6644-provided in section 1 of this act;
6645-(11) "Hybrid retailer" has the same meaning as provided in section 1
6646-of this act;
6647-(12) "Micro-cultivator" has the same meaning as provided in section Senate Bill No. 1201
6648-
6649-June Sp. Sess., Public Act No. 21-1 204 of 303
6650-
6651-1 of this act;
6652-(13) "Municipality" has the same meaning as provided in section 1 of
6653-this act;
6654-(14) "Palliative use" has the same meaning as provided in section 21a-
6655-408 of the general statutes;
6656-(15) "Producer" has the same meaning as provided in section 1 of this
6657-act;
6658-(16) "Product manufacturer" has the same meaning as provided in
6659-section 1 of this act;
6660-(17) "Product packager" has the same meaning as provided in section
6661-1 of this act;
6662-(18) "Social Equity Council" has the same meaning as provided in
6663-section 1 of this act;
6664-(19) "Total THC" has the same meaning as provided in section 21a-
6665-240 of the general statutes; and
6666-(20) "Transporter" has the same meaning as provided in section 1 of
6667-this act.
6668-(b) (1) For the privilege of making any sales of cannabis in this state,
6669-a tax is hereby imposed on each cannabis retailer, hybrid retailer or
6670-micro-cultivator at the following rates:
6671-(A) Cannabis plant material, at the rate of six hundred twenty-five-
6672-thousandths of one cent per milligram of total THC, as reflected on the
6673-product label;
6674-(B) Cannabis edible products, at the rate of two and seventy-five-
6675-hundredths cents per milligram of total THC, as reflected on the product Senate Bill No. 1201
6676-
6677-June Sp. Sess., Public Act No. 21-1 205 of 303
6678-
6679-label; and
6680-(C) Cannabis, other than cannabis plant material or cannabis edible
6681-products, at the rate of nine-tenths of one cent per milligram of total
6682-THC, as reflected on the product label.
6683-(2) The tax under this section:
6684-(A) Shall be collected from the consumer, except as provided under
6685-subparagraphs (B) and (D) of this subdivision, by the cannabis retailer,
6686-hybrid retailer or micro-cultivator at the time of sale and such tax
6687-reimbursement, termed "tax" in this section, shall be paid by the
6688-consumer to the cannabis retailer, hybrid retailer or micro-cultivator.
6689-Each cannabis retailer, hybrid retailer or micro-cultivator shall collect
6690-from the consumer the full amount of the tax imposed by this section or
6691-an amount equal to the average equivalent thereof to the nearest amount
6692-practicable. Such tax shall be a debt from the consumer to the cannabis
6693-retailer, hybrid retailer or micro-cultivator, when so added to the
6694-original sales price, and shall be recoverable at law in the same manner
6695-as other debts except as provided in section 12-432a of the general
6696-statutes.
6697-(B) Shall not apply to the sale of cannabis for palliative use;
6698-(C) Shall not apply to the transfer of cannabis to a transporter for
6699-transport to any other cultivator, micro-cultivator, food and beverage
6700-manufacturer, product manufacturer, product packager, dispensary
6701-facility, cannabis retailer, hybrid retailer or producer;
6702-(D) Shall not apply to the sale of cannabis by a delivery service to a
6703-consumer;
6704-(E) Shall be in addition to the taxes imposed under section 126 of this
6705-act and chapter 219 of the general statutes; and Senate Bill No. 1201
6706-
6707-June Sp. Sess., Public Act No. 21-1 206 of 303
6708-
6709-(F) When so collected, shall be deemed to be a special fund in trust
6710-for the state until remitted to the state.
6711-(c) On or before the last day of each month in which a cannabis
6712-retailer, hybrid retailer or micro-cultivator may legally sell cannabis
6713-other than cannabis for palliative use, each such cannabis retailer,
6714-hybrid retailer or micro-cultivator shall file a return with the
6715-Department of Revenue Services. Such return shall be in such form and
6716-contain such information as the Commissioner of Revenue Services
6717-prescribes as necessary for administration of the tax under this section
6718-and shall be accompanied by a payment of the amount of the tax shown
6719-to be due thereon. Each cannabis retailer, hybrid retailer and micro-
6720-cultivator shall file such return electronically with the department and
6721-make such payment by electronic funds transfer in the manner provided
6722-by chapter 228g of the general statutes, to the extent possible.
6723-(d) If any cannabis retailer, hybrid retailer or micro-cultivator fails to
6724-pay the amount of tax reported due on its return within the time
6725-specified under this section, there shall be imposed a penalty equal to
6726-twenty-five per cent of such amount due and unpaid, or two hundred
6727-fifty dollars, whichever is greater. Such amount shall bear interest at the
6728-rate of one per cent per month or fraction thereof, from the due date of
6729-such tax until the date of payment. Subject to the provisions of section
6730-12-3a of the general statutes, the commissioner may waive all or part of
6731-the penalties provided under this section when it is proven to the
6732-commissioner's satisfaction that the failure to pay any tax was due to
6733-reasonable cause and was not intentional or due to neglect. Any penalty
6734-that is waived shall be applied as a credit against tax liabilities owed by
6735-the cannabis retailer, hybrid retailer or micro-cultivator.
6736-(e) Each person, other than a cannabis retailer, hybrid retailer or
6737-micro-cultivator, who is required, on behalf of such cannabis retailer,
6738-hybrid retailer or micro-cultivator, to collect, truthfully account for and
6739-pay over a tax imposed on such cannabis retailer, hybrid retailer or Senate Bill No. 1201
6740-
6741-June Sp. Sess., Public Act No. 21-1 207 of 303
6742-
6743-micro-cultivator under this section and who wilfully fails to collect,
6744-truthfully account for and pay over such tax or who wilfully attempts in
6745-any manner to evade or defeat the tax or the payment thereof, shall, in
6746-addition to other penalties provided by law, be liable for a penalty equal
6747-to the total amount of the tax evaded, or not collected, or not accounted
6748-for and paid over, including any penalty or interest attributable to such
6749-wilful failure to collect or truthfully account for and pay over such tax
6750-or such wilful attempt to evade or defeat such tax, provided such
6751-penalty shall only be imposed against such person in the event that such
6752-tax, penalty or interest cannot otherwise be collected from such cannabis
6753-retailer, hybrid retailer or micro-cultivator. The amount of such penalty
6754-with respect to which a person may be personally liable under this
6755-section shall be collected in accordance with the provisions of section
6756-12-555a of the general statutes and any amount so collected shall be
6757-allowed as a credit against the amount of such tax, penalty or interest
6758-due and owing from the cannabis retailer, hybrid retailer or micro-
6759-cultivator. The dissolution of the cannabis retailer, hybrid retailer or
6760-micro-cultivator shall not discharge any person in relation to any
6761-personal liability under this section for wilful failure to collect or
6762-truthfully account for and pay over such tax or for a wilful attempt to
6763-evade or defeat such tax prior to dissolution, except as otherwise
6764-provided in this section. For purposes of this section, "person" includes
6765-any individual, corporation, limited liability company or partnership
6766-and any officer or employee of any corporation, including a dissolved
6767-corporation, and a member of or employee of any partnership or limited
6768-liability company who, as such officer, employee or member, is under a
6769-duty to file a tax return under this section on behalf of a cannabis
6770-retailer, hybrid retailer or micro-cultivator or to collect or truthfully
6771-account for and pay over a tax imposed under this section on behalf of
6772-such cannabis retailer, hybrid retailer or micro-cultivator.
6773-(f) The provisions of sections 12-548, 12-551 to 12-554, inclusive, and
6774-12-555a of the general statutes shall apply to the provisions of this Senate Bill No. 1201
6775-
6776-June Sp. Sess., Public Act No. 21-1 208 of 303
6777-
6778-section in the same manner and with the same force and effect as if the
6779-language of said sections had been incorporated in full into this section
6780-and had expressly referred to the tax under this section, except to the
6781-extent that any provision is inconsistent with a provision in this section.
6782-(g) The commissioner shall not issue a refund of any tax paid by a
6783-cannabis retailer, hybrid retailer or micro-cultivator under this section.
6784-(h) The commissioner may adopt regulations, in accordance with the
6785-provisions of chapter 54 of the general statutes, to implement the
6786-provisions of this section and sections 126 and 127 of this act.
6787-Notwithstanding the provisions of sections 4-168 to 4-172, inclusive, of
6788-the general statutes, prior to adopting any such regulations, the
6789-commissioner shall issue policies and procedures, which shall have the
6790-force and effect of law, to implement the taxes imposed under this
6791-section and sections 126 and 127 of this act. At least fifteen days prior to
6792-the effective date of any policy or procedure issued pursuant to this
6793-subsection, the commissioner shall post such policy or procedure on the
6794-department's Internet web site and submit such policy or procedure to
6795-the Secretary of the State for posting on the eRegulations System. Any
6796-such policy or procedure shall no longer be effective upon the adoption
6797-of such policy or procedure as a final regulation in accordance with the
6798-provisions of chapter 54 of the general statutes or forty-eight months of
6799-the effective date of this section, whichever is earlier.
6800-(i) The tax received by the state under this section shall be deposited
6801-as follows:
6802-(1) For the fiscal year ending June 30, 2022, in the cannabis regulatory
6803-and investment account established under section 128 of this act and for
6804-the fiscal year ending June 30, 2023, in the General Fund;
6805-(2) For the fiscal years ending June 30, 2024, June 30, 2025, and June
6806-30, 2026, sixty per cent of such tax received in the Social Equity and Senate Bill No. 1201
6807-
6808-June Sp. Sess., Public Act No. 21-1 209 of 303
6809-
6810-Innovation Fund established under section 128 of this act, twenty-five
6811-per cent of such tax received in the Prevention and Recovery Services
6812-Fund established under section 128 of this act and fifteen per cent in the
6813-General Fund;
6814-(3) For the fiscal years ending June 30, 2027, and June 30, 2028, sixty-
6815-five per cent of such tax received in the Social Equity and Innovation
6816-Fund established under section 128 of this act, twenty-five per cent of
6817-such tax received in the Prevention and Recovery Services Fund and ten
6818-per cent in the General Fund; and
6819-(4) For the fiscal year ending June 30, 2029, and each fiscal year
6820-thereafter, seventy-five per cent of such tax received in the Social Equity
6821-and Innovation Fund established under section 128 of this act and
6822-twenty-five per cent of such tax received in the Prevention and Recovery
6823-Services Fund established under section 128 of this act.
6824-(j) At the close of each fiscal year in which the tax imposed under the
6825-provisions of this section are received by the commissioner, the
6826-Comptroller is authorized to record as revenue for such fiscal year the
6827-amounts of such tax that are received by the commissioner not later than
6828-five business days from the July thirty-first immediately following the
6829-end of such fiscal year.
6830-Sec. 126. (NEW) (Effective July 1, 2021) (a) (1) There is imposed a tax,
6831-which shall be administered in accordance with the provisions of
6832-chapter 219 of the general statutes, on each cannabis retailer, hybrid
6833-retailer and micro-cultivator at the rate of three per cent on the gross
6834-receipts from the sale of cannabis by a cannabis retailer, hybrid retailer
6835-or micro-cultivator. For the purposes of this section, "gross receipts"
6836-means the total amount received from sales of cannabis by a cannabis
6837-retailer, hybrid retailer or micro-cultivator.
6838-(2) The tax under this section: Senate Bill No. 1201
6839-
6840-June Sp. Sess., Public Act No. 21-1 210 of 303
6841-
6842-(A) Shall not apply to the sale of cannabis for palliative use;
6843-(B) Shall not apply to the transfer of cannabis to a transporter for
6844-transport to any cultivator, micro-cultivator, food and beverage
6845-manufacturer, product manufacturer, product packager, dispensary
6846-facility, cannabis retailer, hybrid retailer or producer;
6847-(C) Shall not apply to the sale of cannabis by a delivery service to a
6848-consumer;
6849-(D) Shall be collected from the consumer at the time of sale, except as
6850-provided under subparagraphs (A) and (C) of this subdivision, and
6851-shall be in addition to the taxes imposed under section 125 of this act
6852-and chapter 219 of the general statutes; and
6853-(E) When so collected, shall be held in trust until remitted to the
6854-municipality.
6855-(b) (1) On or before the last day of each month in which a cannabis
6856-retailer, hybrid retailer or micro-cultivator may legally sell cannabis
6857-other than cannabis sold for palliative use, each such cannabis retailer,
6858-hybrid retailer and micro-cultivator shall file a return with the
6859-Department of Revenue Services. Such return shall be in such form and
6860-contain such information as the Commissioner of Revenue Services
6861-prescribes as necessary for administration of the tax under this section.
6862-Each cannabis retailer, hybrid retailer and micro-cultivator shall file
6863-such return electronically with the department, to the extent possible.
6864-(2) Each municipality in which a cannabis retailer, hybrid retailer or
6865-micro-cultivator is located shall submit to the commissioner at least
6866-annually the name and contact information of the individual designated
6867-by the municipality to receive notifications from the commissioner
6868-under subdivision (3) of this subsection.
6869-(3) Notwithstanding the provisions of section 12-15 of the general Senate Bill No. 1201
6870-
6871-June Sp. Sess., Public Act No. 21-1 211 of 303
6872-
6873-statutes, the commissioner shall notify each individual designated
6874-pursuant to subdivision (2) of this subsection of the amount of tax
6875-reported to be due under this section from each cannabis retailer, hybrid
6876-retailer and micro-cultivator located in the applicable municipality. The
6877-commissioner shall establish policies and procedures for the provision
6878-to municipalities of the information required under this subdivision.
6879-(4) Not later than sixty days after the receipt of the information under
6880-subdivision (3) of this subsection, each such municipality shall invoice
6881-each applicable cannabis retailer, hybrid retailer and micro-cultivator,
6882-in accordance with the provisions of section 12-2f of the general statutes,
6883-and such cannabis retailer, hybrid retailer and micro-cultivator shall
6884-remit payment to the municipality not later than thirty days after the
6885-date such invoice was sent. The amounts remitted pursuant to this
6886-subsection shall become part of the general revenue of such
6887-municipality and used for any of the purposes set forth in subdivision
6888-(5) of this subsection.
6889-(5) The tax collected pursuant to this section shall be used by such
6890-municipality to (A) make improvements to the streetscapes and other
6891-neighborhood developments in and around each community in which
6892-a cannabis retailer, hybrid retailer or micro-cultivator is located, (B) fund
6893-education programs or youth employment and training programs in
6894-such municipality, (C) fund services for individuals released from the
6895-custody of the Commissioner of Correction, probation or parole and
6896-residing in such municipality, (D) fund mental health or addiction
6897-services, (E) fund youth service bureaus established pursuant to section
6898-10-19m of the general statutes and to municipal juvenile review boards,
6899-or (F) fund efforts to promote civic engagement in communities in such
6900-municipality.
6901-(c) If any cannabis retailer, hybrid retailer or micro-cultivator fails to
6902-pay the amount of tax invoiced by the municipality within the time
6903-period set forth under this section, there shall be imposed a penalty Senate Bill No. 1201
6904-
6905-June Sp. Sess., Public Act No. 21-1 212 of 303
6906-
6907-equal to twenty-five per cent of such amount due and unpaid, or two
6908-hundred fifty dollars, whichever is greater. Such amount shall bear
6909-interest at the rate of one per cent per month or fraction thereof, from
6910-the due date of such tax until the date of payment. A municipality may
6911-waive, by vote of its legislative body, all or part of the penalties provided
6912-under this subsection upon a finding by such body that the failure to
6913-pay any tax was due to reasonable cause and was not intentional or due
6914-to neglect. Any penalty waiver shall be applied as a credit against future
6915-tax liabilities owed by the cannabis retailer, hybrid retailer or micro-
6916-cultivator.
6917-(d) A municipality may impose a lien on the real property of a
6918-cannabis retailer, hybrid retailer or micro-cultivator for nonpayment of
6919-tax due under this section. The amount of such lien shall not exceed the
6920-amount of tax due under this section plus penalties and interest. Such
6921-lien shall have the same priority as a municipal lien for real property
6922-taxes.
6923-(e) The commissioner may review and adjust any return filed by a
6924-cannabis retailer, hybrid retailer or micro-cultivator pursuant to
6925-subsection (b) of this section and may issue any assessments that may
6926-result therefrom, in accordance with the provisions of sections 12-548,
6927-12-551 to 12-554, inclusive, and 12-555a of the general statutes. The
6928-provisions of said sections shall apply to the provisions of this section
6929-in the same manner and with the same force and effect as if the language
6930-of said sections had been incorporated in full into this section and had
6931-expressly referred to the tax under this section, except to the extent that
6932-any provision is inconsistent with a provision in this section.
6933-(f) (1) No cannabis retailer, hybrid retailer, micro-cultivator or
6934-municipality shall issue a refund to a purchaser for any tax paid under
6935-this section by such purchaser.
6936-(2) No municipality shall issue a refund to a cannabis retailer, hybrid Senate Bill No. 1201
6937-
6938-June Sp. Sess., Public Act No. 21-1 213 of 303
6939-
6940-retailer or micro-cultivator for any tax paid under this section by such
6941-cannabis retailer, hybrid retailer or micro-cultivator.
6942-(3) No overpayment of the tax under this section by a purchaser,
6943-cannabis retailer, hybrid retailer or micro-cultivator shall be applied to
6944-any other liability due to such municipality from such purchaser,
6945-cannabis retailer, hybrid retailer or micro-cultivator.
6946-Sec. 127. (NEW) (Effective July 1, 2021) (a) The tax under chapter 219
6947-of the general statutes shall not be imposed on the transfer of cannabis
6948-to a transporter by a cultivator, micro-cultivator, food and beverage
6949-manufacturer, product manufacturer, product packager, dispensary
6950-facility, cannabis retailer, hybrid retailer or producer, for transport to
6951-any other cultivator, micro-cultivator, food and beverage manufacturer,
6952-product manufacturer, product packager, dispensary facility, cannabis
6953-retailer, hybrid retailer or producer.
6954-(b) No person may purchase cannabis on a resale basis and no
6955-exemption under chapter 219 of the general statutes shall apply to the
6956-sale of cannabis, except as provided under section 12-412 of the general
6957-statutes, for the sale of cannabis for palliative use.
6958-(c) (1) No cannabis retailer, hybrid retailer, micro-cultivator or
6959-delivery service, nor the Department of Revenue Services, shall issue a
6960-refund to a purchaser for any tax paid under chapter 219 of the general
6961-statutes for the sale of cannabis.
6962-(2) The Commissioner of Revenue Services shall not issue a refund to
6963-a cannabis retailer, hybrid retailer, micro-cultivator or delivery service
6964-of any tax paid under chapter 219 of the general statutes by such
6965-cannabis retailer, hybrid retailer or micro-cultivator.
6966-(d) The provisions of subsection (g) of section 125 of this act,
6967-subsection (f) of section 126 of this act and subsection (c) of this section
6968-shall not be construed as authorizing suit against the state or any Senate Bill No. 1201
6969-
6970-June Sp. Sess., Public Act No. 21-1 214 of 303
6971-
6972-political subdivision thereof by a person against whom any tax, penalty
6973-or interest has been erroneously or illegally assessed or from whom any
6974-tax, penalty or interest has been erroneously or illegally collected and
6975-shall not be construed as a waiver of sovereign immunity.
6976-Sec. 128. (NEW) (Effective July 1, 2021) (a) (1) There is established an
6977-account to be known as the "cannabis regulatory and investment
6978-account" which shall be a separate, nonlapsing account within the
6979-General Fund. The account shall contain any moneys required by law to
6980-be deposited in the account. Moneys in the account shall be allocated by
6981-the Secretary of the Office of Policy and Management to state agencies
6982-for the purpose of paying costs incurred to implement the activities
6983-authorized under RERACA, as defined in section 1 of this act.
6984-(2) Notwithstanding the provisions of section 34 of this act, for the
6985-fiscal year ending June 30, 2022, the following shall be deposited in the
6986-cannabis regulatory and investment account: (A) All fees received by
6987-the state pursuant to section 30 of this act and subdivisions (1) to (11),
6988-inclusive, of subsection (c) of section 34 of this act; (B) the tax received
6989-by the state under section 125 of this act; and (C) the tax received by the
6990-state under chapter 219 of the general statutes from a cannabis retailer,
6991-hybrid retailer or micro-cultivator, as those terms are defined in section
6992-125 of this act.
6993-(b) (1) There is established an account to be known as the "social
6994-equity and innovation account" which shall be a separate, nonlapsing
6995-account within the General Fund. The account shall contain any moneys
6996-required by law to be deposited in the account. Moneys in the account
6997-shall be allocated by the Secretary of the Office of Policy and
6998-Management to state agencies for the purpose of (A) paying costs
6999-incurred by the Social Equity Council, as defined in section 1 of this act,
7000-and (B) administering programs under RERACA to provide (i) access to
7001-capital for businesses, (ii) technical assistance for the start-up and
7002-operation of a business, (iii) funding for workforce education, and (iv) Senate Bill No. 1201
7003-
7004-June Sp. Sess., Public Act No. 21-1 215 of 303
7005-
7006-funding for community investments.
7007-(2) Notwithstanding the provisions of sections 34 and 149 of this act,
7008-for the fiscal year ending June 30, 2022, the following shall be deposited
7009-in the social equity and innovation account: All fees received by the state
7010-pursuant to sections 26, 145 and 149 of this act and subdivisions (12) and
7011-(13) of subsection (c) of section 34 of this act.
7012-(c) (1) On and after July 1, 2022, there is established a fund to be
7013-known as the "Social Equity and Innovation Fund" which shall be a
7014-separate, nonlapsing fund. The fund shall contain any moneys required
7015-by law to be deposited in the fund and shall be held by the Treasurer
7016-separate and apart from all other moneys, funds and accounts. Moneys
7017-in the fund shall be appropriated for the purposes of providing the
7018-following: Access to capital for businesses; technical assistance for the
7019-start-up and operation of a business; funding for workforce education;
7020-and funding for community investments. All such appropriations shall
7021-be dedicated to expenditures that further the principles of equity, as
7022-defined in section 1 of this act.
7023-(2) (A) For the purposes of subdivision (1) of this subsection, for the
7024-fiscal year ending June 30, 2023, and for each fiscal year thereafter, the
7025-Social Equity Council shall transmit, for even-numbered years,
7026-estimates of expenditure requirements and for odd-numbered years,
7027-recommended adjustments and revisions, if any, of such estimates, to
7028-the Secretary of the Office of Policy and Management, in the manner
7029-prescribed for a budgeted agency under subsection (a) of section 4-77 of
7030-the general statutes. The council shall recommend for each fiscal year
7031-commencing with the fiscal year ending June 30, 2023, appropriate
7032-funding for all credits payable to angel investors that invest in cannabis
7033-businesses pursuant to section 12-704d of the general statutes.
7034-(B) The Office of Policy and Management may not make adjustments
7035-to any such estimates or adjustments and revisions of such estimates Senate Bill No. 1201
7036-
7037-June Sp. Sess., Public Act No. 21-1 216 of 303
7038-
7039-transmitted by the council. Notwithstanding any provision of the
7040-general statutes or any special act, the Governor shall not reduce the
7041-allotment requisitions or allotments in force pursuant to section 4-85 of
7042-the general statutes or make reductions in allotments in order to achieve
7043-budget savings in the General Fund, concerning any appropriations
7044-made by the General Assembly for the purposes of subdivision (1) of
7045-this subsection.
7046-(d) On and after July 1, 2022, there is established a fund to be known
7047-as the "Prevention and Recovery Services Fund" which shall be a
7048-separate, nonlapsing fund. The fund shall contain any moneys required
7049-by law to be deposited in the fund and shall be held by the Treasurer
7050-separate and apart from all other moneys, funds and accounts. Moneys
7051-in the fund shall be appropriated for the purposes of (1) substance abuse
7052-prevention, treatment and recovery services, and (2) collection and
7053-analysis of data regarding substance use.
7054-Sec. 129. Subdivision (120) of section 12-412 of the general statutes is
7055-repealed and the following is substituted in lieu thereof (Effective July 1,
7056-2021):
7057-(120) [On and after April 1, 2015, sales] (A) Sales of the following
7058-nonprescription drugs or medicines available for purchase for use in or
7059-on the body: Vitamin or mineral concentrates; dietary supplements;
7060-natural or herbal drugs or medicines; products intended to be taken for
7061-coughs, cold, asthma or allergies, or antihistamines; laxatives;
7062-antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral
7063-and antifungal medicines; antiseptics; astringents; anesthetics; steroidal
7064-medicines; anthelmintics; emetics and antiemetics; antacids; [and] any
7065-medication prepared to be used in the eyes, ears or nose; and cannabis
7066-sold for palliative use under the provisions of chapter 420f.
7067-(B) Nonprescription drugs or medicines [shall] do not include
7068-cosmetics, [dentrifrices] dentifrices, mouthwash, shaving and hair care Senate Bill No. 1201
7069-
7070-June Sp. Sess., Public Act No. 21-1 217 of 303
7071-
7072-products, soaps, [or] deodorants or products containing cannabis or
7073-cannabinoids. As used in this subparagraph, "cannabis" has the same
7074-meaning as provided in section 1 of this act and "cannabinoids" means
7075-manufactured cannabinoids or synthetic cannabinoids, as such terms
7076-are defined in section 21a-240.
7077-Sec. 130. Section 12-650 of the general statutes is repealed and the
7078-following is substituted in lieu thereof (Effective July 1, 2021):
7079-[As used in this chapter:
7080-(1) "Marijuana" means any marijuana, whether real or counterfeit, as
7081-defined in subdivision (29) of section 21a-240, that is held, possessed,
7082-transported, sold or offered to be sold in violation of any provision of
7083-the general statutes;
7084-(2) "Controlled substance" means any controlled substance as defined
7085-in subdivision (9) of section 21a-240, that is held, possessed, transported,
7086-sold or offered to be sold in violation of any provision of the general
7087-statutes;
7088-(3) "Dealer" means any person who, in violation of any provision of
7089-the general statutes, manufactures, produces, ships, transports, or
7090-imports into the state or in any manner acquires or possesses more than
7091-forty-two and one-half grams of marijuana or seven or more grams of
7092-any controlled substance or ten or more dosage units of any controlled
7093-substance which is not sold by weight; and
7094-(4) "Commissioner" means the Commissioner of Revenue Services.]
7095-Notwithstanding the provisions of this chapter, revision of 1958,
7096-revised to January 1, 2021, any outstanding liabilities or assessments, or
7097-any portion thereof, made under said chapter related to the sale,
7098-purchase, acquisition or possession within the state or the transport or
7099-importation into the state, of marijuana, as defined in section 21a-240, Senate Bill No. 1201
7100-
7101-June Sp. Sess., Public Act No. 21-1 218 of 303
7102-
7103-shall be cancelled. The Commissioner of Revenue Services may take any
7104-action necessary to effectuate the cancellation of such liabilities and
7105-assessments. No cancellation of a liability or an assessment pursuant to
7106-this section shall entitle any person affected by such cancellation to a
7107-refund or credit of any amount previously paid or collected in
7108-connection with such liability or assessment.
7109-Sec. 131. Subdivision (1) of subsection (a) of section 12-30a of the
7110-general statutes is repealed and the following is substituted in lieu
7111-thereof (Effective July 1, 2021):
7112-(a) (1) Whenever the provisions of section 12-35, 12-204, 12-205, 12-
7113-206, 12-225, 12-226, 12-229, 12-235, 12-242d, 12-263c, 12-263d, 12-263m,
7114-12-268d, 12-268h, 12-293a, 12-309, 12-330d, 12-330i, 12-376, 12-376a, 12-
7115-376b, 12-392, 12-414, 12-415, 12-416, 12-419, 12-419a, 12-439, 12-440, 12-
7116-458, 12-458d, 12-486a, 12-488, 12-547, 12-548, 12-590, 12-594, 12-638c, 12-
7117-638d, 12-646a, 12-647, [12-655,] 12-667, 12-722, 12-723, 12-728, 12-731, 12-
7118-735, 22a-132, 22a-232, 22a-237c, 38a-277 or 51-81b require interest to be
7119-paid to the Commissioner of Revenue Services at the rate of one per cent
7120-per month or fraction thereof or one per cent for each month or fraction
7121-thereof, the Commissioner of Revenue Services may adopt regulations
7122-in accordance with the provisions of chapter 54 that require interest to
7123-be paid to said commissioner at the equivalent daily rate in lieu of such
7124-monthly rate.
7125-Sec. 132. Subsection (a) of section 12-35b of the general statutes is
7126-repealed and the following is substituted in lieu thereof (Effective July 1,
7127-2021):
7128-(a) For the purposes of sections 12-204, 12-212, 12-235, 12-268h, 12-
7129-309, 12-330i, 12-366, 12-398, 12-420, 12-441, 12-475, 12-488, 12-555a, 12-
7130-594, 12-638j [, 12-655] and 12-734:
7131-(1) "Bona fide purchaser" means a person who takes a conveyance of Senate Bill No. 1201
7132-
7133-June Sp. Sess., Public Act No. 21-1 219 of 303
7134-
7135-real estate in good faith from the holder of legal title, and pays valuable
7136-consideration, without actual, implied, or constructive notice of any tax
7137-delinquency.
7138-(2) "Qualified encumbrancer" means a person who places a burden,
7139-charge or lien on real estate, in good faith, without actual, implied, or
7140-constructive notice of any tax delinquency.
7141-(3) "Commissioner" means the Commissioner of Revenue Services or
7142-his or her authorized agent.
7143-Sec. 133. Section 12-704d of the general statutes is repealed and the
7144-following is substituted in lieu thereof (Effective July 1, 2021):
7145-(a) As used in this section:
7146-(1) "Angel investor" means an accredited investor, as defined by the
7147-Securities and Exchange Commission, or network of accredited
7148-investors who review new or proposed businesses for potential
7149-investment and who may seek active involvement, such as consulting
7150-and mentoring, in a qualified Connecticut business or a qualified
7151-cannabis business, but "angel investor" does not include (A) a person
7152-controlling fifty per cent or more of the Connecticut business or cannabis
7153-business invested in by the angel investor, (B) a venture capital
7154-company, or (C) any bank, bank and trust company, insurance
7155-company, trust company, national bank, savings association or building
7156-and loan association for activities that are a part of its normal course of
7157-business;
7158-(2) "Cash investment" means the contribution of cash, at a risk of loss,
7159-to a qualified Connecticut business or a qualified cannabis business in
7160-exchange for qualified securities;
7161-(3) "Connecticut business" means any business, other than a cannabis
7162-business, with its principal place of business in Connecticut; Senate Bill No. 1201
7163-
7164-June Sp. Sess., Public Act No. 21-1 220 of 303
7165-
7166-(4) "Bioscience" means manufacturing pharmaceuticals, medicines,
7167-medical equipment or medical devices and analytical laboratory
7168-instruments, operating medical or diagnostic testing laboratories, or
7169-conducting pure research and development in life sciences;
7170-(5) "Advanced materials" means developing, formulating or
7171-manufacturing advanced alloys, coatings, lubricants, refrigerants,
7172-surfactants, emulsifiers or substrates;
7173-(6) "Photonics" means generation, emission, transmission,
7174-modulation, signal processing, switching, amplification, detection and
7175-sensing of light from ultraviolet to infrared and the manufacture,
7176-research or development of opto-electronic devices, including, but not
7177-limited to, lasers, masers, fiber optic devices, quantum devices,
7178-holographic devices and related technologies;
7179-(7) "Information technology" means software publishing, motion
7180-picture and video production, teleproduction and postproduction
7181-services, telecommunications, data processing, hosting and related
7182-services, custom computer programming services, computer system
7183-design, computer facilities management services, other computer
7184-related services and computer training;
7185-(8) "Clean technology" means the production, manufacture, design,
7186-research or development of clean energy, green buildings, smart grid,
7187-high-efficiency transportation vehicles and alternative fuels,
7188-environmental products, environmental remediation and pollution
7189-prevention;
7190-(9) "Qualified securities" means any form of equity, including a
7191-general or limited partnership interest, common stock, preferred stock,
7192-with or without voting rights, without regard to seniority position that
7193-must be convertible into common stock; [and]
7194-(10) "Emerging technology business" means any business that is Senate Bill No. 1201
7195-
7196-June Sp. Sess., Public Act No. 21-1 221 of 303
7197-
7198-engaged in bioscience, advanced materials, photonics, information
7199-technology, clean technology or any other emerging technology as
7200-determined by the Commissioner of Economic and Community
7201-Development; [.]
7202-(11) "Cannabis business" means a cannabis establishment (A) for
7203-which a social equity applicant has been granted a provisional license
7204-or a license, (B) in which a social equity applicant or social equity
7205-applicants have an ownership interest of at least sixty-five per cent, and
7206-(C) such social equity applicant or social equity applicants have control
7207-of such establishment;
7208-(12) "Social equity applicant" has the same meaning as provided in
7209-section 1 of this act;
7210-(13) "Cannabis" has the same meaning as provided in section 1 of this
7211-act; and
7212-(14) "Cannabis establishment" has the same meaning as provided in
7213-section 1 of this act.
7214-(b) There shall be allowed a credit against the tax imposed under this
7215-chapter, other than the liability imposed by section 12-707, for a cash
7216-investment by an angel investor of not less than twenty-five thousand
7217-dollars in the qualified securities of a Connecticut business [by an angel
7218-investor] or a cannabis business. The credit shall be in an amount equal
7219-to (1) twenty-five per cent of such investor's cash investment in a
7220-Connecticut business, or (2) forty per cent of such investor's cash
7221-investment in a cannabis business, provided the total tax credits allowed
7222-to any angel investor shall not exceed five hundred thousand dollars.
7223-The credit shall be claimed in the taxable year in which such cash
7224-investment is made by the angel investor. The credit may be sold,
7225-assigned or otherwise transferred, in whole or in part.
7226-(c) To qualify for a tax credit pursuant to this section, a cash Senate Bill No. 1201
7227-
7228-June Sp. Sess., Public Act No. 21-1 222 of 303
7229-
7230-investment shall be in: [a]
7231-(1) A Connecticut business that [(1)] (A) has been approved as a
7232-qualified Connecticut business pursuant to subsection (d) of this section;
7233-[(2)] (B) had annual gross revenues of less than one million dollars in the
7234-most recent income year of such business; [(3)] (C) has fewer than
7235-twenty-five employees, not less than seventy-five per cent of whom
7236-reside in this state; [(4)] (D) has been operating in this state for less than
7237-seven consecutive years; [(5)] (E) is primarily owned by the
7238-management of the business and their families; and [(6)] (F) received
7239-less than two million dollars in cash investments eligible for the tax
7240-credits provided by this section; [.] or
7241-(2) A cannabis business that (A) has been approved as a qualified
7242-cannabis business pursuant to subsection (d) of this section; (B) had
7243-annual gross revenues of less than one million dollars in the most recent
7244-income year of such business; (C) has fewer than twenty-five employees,
7245-not less than seventy-five per cent of whom reside in this state; (D) is
7246-primarily owned by the management of the business and their families;
7247-and (E) received less than two million dollars in cash investments
7248-eligible for the tax credits provided by this section.
7249-(d) (1) A Connecticut business or a cannabis business may apply to
7250-Connecticut Innovations, Incorporated, for approval as a Connecticut
7251-business or cannabis business, as applicable, qualified to receive cash
7252-investments eligible for a tax credit pursuant to this section. The
7253-application shall include (A) the name of the business and a copy of the
7254-organizational documents of such business, (B) a business plan,
7255-including a description of the business and the management, product,
7256-market and financial plan of the business, (C) a description of the
7257-business's innovative technology, product or service, (D) a statement of
7258-the potential economic impact of the business, including the number,
7259-location and types of jobs expected to be created, (E) a description of the
7260-qualified securities to be issued and the amount of cash investment Senate Bill No. 1201
7261-
7262-June Sp. Sess., Public Act No. 21-1 223 of 303
7263-
7264-sought by the [qualified Connecticut] business, (F) a statement of the
7265-amount, timing and projected use of the proceeds to be raised from the
7266-proposed sale of qualified securities, and (G) such other information as
7267-the chief executive officer of Connecticut Innovations, Incorporated,
7268-may require.
7269-(2) Said chief executive officer shall, on a monthly basis, compile a list
7270-of approved applications, categorized by the cash investments being
7271-sought by the qualified Connecticut business or the qualified cannabis
7272-business and type of qualified securities offered.
7273-(e) (1) Any angel investor that intends to make a cash investment in
7274-a business on such list may apply to Connecticut Innovations,
7275-Incorporated, to reserve a tax credit in the amount indicated by such
7276-investor. Connecticut Innovations, Incorporated, shall not reserve tax
7277-credits under this section for any investments made on or after July 1,
7278-2028.
7279-(2) The aggregate amount of all tax credits under this section that may
7280-be reserved by Connecticut Innovations, Incorporated, shall not exceed
7281-(A) for cash investments made in Connecticut businesses, six million
7282-dollars annually for the fiscal years commencing July 1, 2010, to July 1,
7283-2012, inclusive, and [shall not exceed] five million dollars [in] for each
7284-fiscal year thereafter, [. Each fiscal year,] and (B) for cash investments
7285-made in qualified cannabis businesses, fifteen million dollars annually
7286-for each fiscal year commencing on or after July 1, 2021.
7287-(3) With respect to the tax credits available under this section for
7288-investments in Connecticut businesses, Connecticut Innovations,
7289-Incorporated, shall not reserve more than seventy-five per cent of [the]
7290-such tax credits [available under this section] for investments in
7291-emerging technology businesses, except if any such credits remain
7292-available for reservation after April first in any fiscal year, such
7293-remaining credits may be reserved for investments in such businesses Senate Bill No. 1201
7294-
7295-June Sp. Sess., Public Act No. 21-1 224 of 303
7296-
7297-[,] and may be prioritized for veteran-owned, women-owned or
7298-minority-owned businesses and businesses owned by individuals with
7299-disabilities. [Connecticut Innovations, Incorporated, shall not reserve
7300-tax credits under this section for any investment made on or after July
7301-1, 2024.]
7302-[(2)] (4) The amount of the credit allowed to any investor pursuant to
7303-this section shall not exceed the amount of tax due from such investor
7304-under this chapter, other than section 12-707, with respect to such
7305-taxable year. Any tax credit that is claimed by the angel investor but not
7306-applied against the tax due under this chapter, other than the liability
7307-imposed under section 12-707, may be carried forward for the five
7308-immediately succeeding taxable years until the full credit has been
7309-applied.
7310-(f) If the angel investor is an S corporation or an entity treated as a
7311-partnership for federal income tax purposes, the tax credit may be
7312-claimed by the shareholders or partners of the angel investor. If the
7313-angel investor is a single member limited liability company that is
7314-disregarded as an entity separate from its owner, the tax credit may be
7315-claimed by such limited liability company's owner, provided such
7316-owner is a person subject to the tax imposed under this chapter.
7317-(g) A review of the cumulative effectiveness of the credit under this
7318-section shall be conducted by Connecticut Innovations, Incorporated, by
7319-[July 1, 2014, and by] July first annually. [thereafter.] Such review shall
7320-include, but need not be limited to, the number and type of Connecticut
7321-businesses and cannabis businesses that received angel investments, the
7322-number of angel investors and the aggregate amount of cash
7323-investments, the current status of each Connecticut business and
7324-cannabis business that received angel investments, the number of
7325-employees employed in each year following the year in which such
7326-Connecticut business or cannabis business received the angel
7327-investment [,] and the economic impact in the state [,] of the Connecticut Senate Bill No. 1201
7328-
7329-June Sp. Sess., Public Act No. 21-1 225 of 303
7330-
7331-business or cannabis business that received the angel investment. Such
7332-review shall be submitted to the Office of Policy and Management and
7333-to the joint standing committee of the General Assembly having
7334-cognizance of matters relating to commerce, in accordance with the
7335-provisions of section 11-4a.
7336-Sec. 134. (NEW) (Effective July 1, 2021) (a) For the purposes described
7337-in subsection (b) of this section, the State Bond Commission shall have
7338-the power from time to time to authorize the issuance of bonds of the
7339-state in one or more series and in principal amounts not exceeding in
7340-the aggregate fifty million dollars.
7341-(b) The proceeds of the sale of such bonds, to the extent of the amount
7342-stated in subsection (a) of this section, shall be used by the Department
7343-of Economic and Community Development jointly with the Social
7344-Equity Council for the purposes of providing (1) low-interest loans to
7345-social equity applicants, municipalities or organizations exempt from
7346-taxation under Section 501(c)(3) of the Internal Revenue Code of 1986,
7347-or any subsequent corresponding internal revenue code of the United
7348-States, as amended from time to time, to facilitate the rehabilitation,
7349-renovation or development of unused, underused real property to be
7350-used as a cannabis establishment or as part of such establishment; (2)
7351-capital to social equity applicants seeking to start or maintain a cannabis
7352-establishment; (3) funding to assist in the development or ongoing
7353-expenses of the cannabis business accelerator program established
7354-under section 38 of this act; and (4) funding to assist in the development
7355-or ongoing expenses of workforce training programs developed by the
7356-Social Equity Council pursuant to section 39 of this act. As used in this
7357-subsection, "Social Equity Council", "cannabis establishment" and
7358-"social equity applicant" have the same meanings as provided in section
7359-1 of this act.
7360-(c) All provisions of section 3-20 of the general statutes, or the exercise
7361-of any right or power granted thereby, that are not inconsistent with the Senate Bill No. 1201
7362-
7363-June Sp. Sess., Public Act No. 21-1 226 of 303
7364-
7365-provisions of this section are hereby adopted and shall apply to all
7366-bonds authorized by the State Bond Commission pursuant to this
7367-section. Temporary notes in anticipation of the money to be derived
7368-from the sale of any such bonds so authorized may be issued in
7369-accordance with section 3-20 of the general statutes and from time to
7370-time renewed. Such bonds shall mature at such time or times not
7371-exceeding twenty years from their respective dates as may be provided
7372-in or pursuant to the resolution or resolutions of the State Bond
7373-Commission authorizing such bonds. None of such bonds shall be
7374-authorized except upon a finding by the State Bond Commission that
7375-there has been filed with it a request for such authorization that is signed
7376-by or on behalf of the Secretary of the Office of Policy and Management
7377-and states such terms and conditions as said commission, in its
7378-discretion, may require. Such bonds issued pursuant to this section shall
7379-be general obligations of the state and the full faith and credit of the state
7380-of Connecticut are pledged for the payment of the principal of and
7381-interest on such bonds as the same become due, and accordingly and as
7382-part of the contract of the state with the holders of such bonds,
7383-appropriation of all amounts necessary for punctual payment of such
7384-principal and interest is hereby made, and the State Treasurer shall pay
7385-such principal and interest as the same become due.
7386-Sec. 135. (NEW) (Effective July 1, 2021) (a) As used in this section,
7387-"Social Equity Council", "cannabis establishment" and "social equity
7388-applicant" have the same meanings as provided in section 1 of this act.
7389-(b) (1) The Department of Economic and Community Development
7390-and the Social Equity Council shall jointly develop and establish:
7391-(A) A revolving loan program for the purposes of subdivision (1) of
7392-subsection (b) of section 134 of this act, including (i) requirements for
7393-loan eligibility under the program, (ii) an application form and the
7394-information and documentation required to be submitted with such
7395-application, (iii) the terms of the loans to be offered, including the rates Senate Bill No. 1201
7396-
7397-June Sp. Sess., Public Act No. 21-1 227 of 303
7398-
7399-of interest to be charged and the length of the loans, (iv) a plan for
7400-publicizing and marketing the program, and (v) any other requirements
7401-necessary to implement the program; and
7402-(B) Application forms, applicant requirements and any other
7403-provisions the department and the council deem necessary for the
7404-purposes of subdivisions (2) to (4), inclusive, of subsection (b) of section
7405-134 of this act.
7406-(2) The department and the council shall post on the Internet web
7407-sites of the Department of Economic and Community Development and
7408-the Department of Consumer Protection information concerning the
7409-loan program and other available funding under this section.
7410-Sec. 136. Section 21a-408e of the general statutes is repealed and the
7411-following is substituted in lieu thereof (Effective July 1, 2021):
7412-No person shall be subject to arrest or prosecution solely for being in
7413-the presence or vicinity of the palliative use of marijuana as permitted
7414-under sections 21a-408 to [21a-408n] 21a-408m, inclusive.
7415-Sec. 137. Subsection (b) of section 21a-408i of the general statutes is
7416-repealed and the following is substituted in lieu thereof (Effective July 1,
7417-2021):
7418-(b) The Commissioner of Consumer Protection shall determine the
7419-number of producers appropriate to meet the needs of qualifying
7420-patients in this state and shall adopt regulations, in accordance with
7421-chapter 54, to provide for the licensure, standards and locations for
7422-producers in this state and specify the maximum number of producers
7423-that may be licensed in this state at any time. On and after the effective
7424-date of such regulations, the commissioner may license any person who
7425-applies for a license in accordance with such regulations, provided (1)
7426-such person is organized for the purpose of cultivating marijuana for
7427-palliative use in this state, (2) the commissioner finds that such applicant Senate Bill No. 1201
7428-
7429-June Sp. Sess., Public Act No. 21-1 228 of 303
7430-
7431-has appropriate expertise in agriculture and that such applicant is
7432-qualified to cultivate marijuana and sell, deliver, transport or distribute
7433-marijuana solely within this state pursuant to sections 21a-408 to [21a-
7434-408n] 21a-408m, inclusive, and (3) the number of producer licenses
7435-issued does not exceed the number appropriate to meet the needs of
7436-qualifying patients in this state, as determined by the commissioner
7437-pursuant to this subsection. At a minimum, such regulations shall:
7438-(A) Indicate the maximum number of producers that may be licensed
7439-in this state at any time, which number shall not be less than three nor
7440-more than ten producers;
7441-(B) Provide that no marijuana may be sold, delivered, transported or
7442-distributed by a producer from or to a location outside of this state;
7443-(C) Establish a nonrefundable application fee of not less than twenty-
7444-five thousand dollars for each application submitted for a producer
7445-license;
7446-(D) Establish a license fee and renewal fee for each licensed producer,
7447-provided the aggregate amount of such license and renewal fees shall
7448-not be less than the amount necessary to cover the direct and indirect
7449-cost of licensing and regulating producers pursuant to sections 21a-408
7450-to [21a-408n] 21a-408m, inclusive;
7451-(E) Provide for renewal of such producer licenses at least every five
7452-years;
7453-(F) Provide that no producer may cultivate marijuana for palliative
7454-use outside of this state and designate permissible locations for licensed
7455-producers in this state;
7456-(G) Establish financial requirements for producers, under which (i)
7457-each applicant demonstrates the financial capacity to build and operate
7458-a marijuana production facility, and (ii) each licensed producer may be Senate Bill No. 1201
7459-
7460-June Sp. Sess., Public Act No. 21-1 229 of 303
7461-
7462-required to maintain an escrow account in a financial institution in this
7463-state in an amount of two million dollars;
7464-(H) Establish health, safety and security requirements for licensed
7465-producers, which shall include, but need not be limited to, a
7466-requirement that the applicant or licensed producer demonstrate: (i) The
7467-ability to maintain adequate control against the diversion, theft and loss
7468-of marijuana cultivated by the producer, and (ii) the ability to cultivate
7469-pharmaceutical grade marijuana for palliative use in a secure indoor
7470-facility;
7471-(I) Define "pharmaceutical grade marijuana for palliative use" for the
7472-purposes of this section;
7473-(J) Establish standards and procedures for revocation, suspension,
7474-summary suspension and nonrenewal of producer licenses, provided
7475-such standards and procedures are consistent with the provisions of
7476-subsection (c) of section 4-182; and
7477-(K) Establish other licensing, renewal and operational standards
7478-deemed necessary by the commissioner.
7479-Sec. 138. Section 21a-408o of the general statutes is repealed and the
7480-following is substituted in lieu thereof (Effective July 1, 2021):
7481-Nothing in sections 21a-408 to [21a-408n] 21a-408m, inclusive, or
7482-section 21a-243 shall be construed to require health insurance coverage
7483-for the palliative use of marijuana.
7484-Sec. 139. Subsection (d) of section 21a-408v of the general statutes is
7485-repealed and the following is substituted in lieu thereof (Effective July 1,
7486-2021):
7487-(d) Information obtained under this section shall be confidential and
7488-shall not be subject to disclosure under the Freedom of Information Act, Senate Bill No. 1201
7489-
7490-June Sp. Sess., Public Act No. 21-1 230 of 303
7491-
7492-as defined in section 1-200, except that reasonable access to registry
7493-information obtained under this section shall be provided to (1) state
7494-agencies, federal agencies and local law enforcement agencies for the
7495-purpose of investigating or prosecuting a violation of law, (2) physicians
7496-and pharmacists for the purpose of providing patient care and drug
7497-therapy management and monitoring controlled substances obtained by
7498-the research program subject, (3) public or private entities for research
7499-or educational purposes, provided no individually identifiable health
7500-information may be disclosed, (4) a licensed dispensary for the purpose
7501-of complying with sections 21a-408 to [21a-408n] 21a-408m, inclusive, or
7502-(5) a research program subject, but only with respect to information
7503-related to such research program subject.
7504-Sec. 140. Subsection (a) of section 21a-10 of the general statutes is
7505-repealed and the following is substituted in lieu thereof (Effective July 1,
7506-2021):
7507-(a) The Commissioner of Consumer Protection may establish,
7508-combine or abolish divisions, sections or other units within the
7509-Department of Consumer Protection and allocate powers, duties and
7510-functions among such units, but no function vested by statute in any
7511-officer, division, board, agency or other unit within the department shall
7512-be removed from the jurisdiction of such officer, division, board, agency
7513-or other unit under the provisions of this section. The Governor shall
7514-appoint a deputy commissioner of the department, with the advice and
7515-consent of one house of the General Assembly in accordance with the
7516-provisions of section 4-7, who shall have responsibilities related to the
7517-regulation of cannabis under RERACA.
7518-Sec. 141. Subdivision (29) of section 21a-240 of the general statutes is
7519-repealed and the following is substituted in lieu thereof (Effective July 1,
7520-2021):
7521-(29) "Marijuana" means all parts of any plant, or species of the genus Senate Bill No. 1201
7522-
7523-June Sp. Sess., Public Act No. 21-1 231 of 303
7524-
7525-cannabis or any infra specific taxon thereof, whether growing or not; the
7526-seeds thereof; the resin extracted from any part of the plant; [and] every
7527-compound, manufacture, salt, derivative, mixture, or preparation of
7528-such plant, its seeds or resin, [. Marijuana does not include the mature
7529-stalks of such plant, fiber produced from such stalks, oil or cake made
7530-from the seeds of such plant, any other compound, manufacture, salt,
7531-derivative, mixture or preparation of such mature stalks, except the
7532-resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such
7533-plant which is incapable of germination, or hemp, as defined in 7 USC
7534-1639o, as amended from time to time. Included are] any product made
7535-using hemp, as defined in section 22-61l, which exceeds three-tenths per
7536-cent total THC concentration on a dry-weight basis; manufactured
7537-cannabinoids, synthetic cannabinoids, except as provided in
7538-subparagraph (E) of this subdivision; or cannabinon, cannabinol or
7539-cannabidiol and chemical compounds which are similar to cannabinon,
7540-cannabinol or cannabidiol in chemical structure or which are similar
7541-thereto in physiological effect, [and which show a like potential for
7542-abuse,] which are controlled substances under this chapter, [unless]
7543-except cannabidiol derived from hemp, as defined in section 22-61l, with
7544-a total THC concentration of not more than three-tenths per cent on a
7545-dry-weight basis. "Marijuana" does not include: (A) The mature stalks
7546-of such plant, fiber produced from such stalks, oil or cake made from
7547-the seeds of such plant, any other compound, manufacture, salt,
7548-derivative, mixture or preparation of such mature stalks, except the
7549-resin extracted from such mature stalks or fiber, oil or cake; (B) the
7550-sterilized seed of such plant which is incapable of germination; (C)
7551-hemp, as defined in section 22-61l, with a total THC concentration of not
7552-more than three-tenths per cent on a dry-weight basis; (D) any substance
7553-approved by the federal Food and Drug Administration or successor
7554-agency as a drug and reclassified in any schedule of controlled
7555-substances or unscheduled by the federal Drug Enforcement
7556-Administration or successor agency which is included in the same
7557-schedule designated by the federal Drug Enforcement Administration Senate Bill No. 1201
7558-
7559-June Sp. Sess., Public Act No. 21-1 232 of 303
7560-
7561-or successor agency; or (E) synthetic cannabinoids which are controlled
7562-substances that are designated by the Commissioner of Consumer
7563-Protection, by whatever official, common, usual, chemical or trade name
7564-designation, as controlled substances and are classified in the
7565-appropriate schedule in accordance with subsections (i) and (j) of section
7566-21a-243;
7567-Sec. 142. Section 21a-240 of the general statutes is amended by adding
7568-subdivisions (59) to (62), inclusive, as follows (Effective July 1, 2021):
7569-(NEW) (59) "THC" means tetrahydrocannabinol, including, but not
7570-limited to, delta-7, delta-8-tetrahydrocannabinol, delta-9-
7571-tetrahydrocannabinol and delta-10-tetrahydrocannabinol, and any
7572-material, compound, mixture or preparation which contain their salts,
7573-isomers and salts of isomers, whenever the existence of such salts,
7574-isomers and salts of isomers is possible within the specific chemical
7575-designation, regardless of the source, except: (A) Dronabinol substituted
7576-in sesame oil and encapsulated in a soft gelatin capsule in a federal Food
7577-and Drug Administration or successor agency approved product, or (B)
7578-any tetrahydrocannabinol product that has been approved by the
7579-federal Food and Drug Administration or successor agency to have a
7580-medical use and reclassified in any schedule of controlled substances or
7581-unscheduled by the federal Drug Enforcement Administration or
7582-successor agency.
7583-(NEW) (60) "Total THC" means the sum of the percentage by weight
7584-of tetrahydrocannabinolic acid, multiplied by eight hundred seventy-
7585-seven-thousandths, plus the percentage of weight of
7586-tetrahydrocannabinol.
7587-(NEW) (61) "Manufactured cannabinoid" means cannabinoids
7588-naturally occurring from a source other than marijuana that are similar
7589-in chemical structure or physiological effect to cannabinoids derived
7590-from marijuana, as defined in section 21a-243, but are derived by a Senate Bill No. 1201
7591-
7592-June Sp. Sess., Public Act No. 21-1 233 of 303
7593-
7594-chemical or biological process.
7595-(NEW) (62) "Synthetic cannabinoid" means any material, compound,
7596-mixture or preparation which contains any quantity of a substance
7597-having a psychotropic response primarily by agonist activity at
7598-cannabinoid-specific receptors affecting the central nervous system that
7599-is produced artificially and not derived from an organic source naturally
7600-containing cannabinoids, unless listed in another schedule pursuant to
7601-section 21a-243.
7602-Sec. 143. Subsection (q) of section 1-1 of the general statutes is
7603-repealed and the following is substituted in lieu thereof (Effective July 1,
7604-2021):
7605-(q) Except as otherwise specifically defined, the words "agriculture"
7606-and "farming" [shall] include cultivation of the soil, dairying, forestry,
7607-raising or harvesting any agricultural or horticultural commodity,
7608-including the raising, shearing, feeding, caring for, training and
7609-management of livestock, including horses, bees, the production of
7610-honey, poultry, fur-bearing animals and wildlife, and the raising or
7611-harvesting of oysters, clams, mussels, other molluscan shellfish or fish;
7612-the operation, management, conservation, improvement or
7613-maintenance of a farm and its buildings, tools and equipment, or
7614-salvaging timber or cleared land of brush or other debris left by a storm,
7615-as an incident to such farming operations; the production or harvesting
7616-of maple syrup or maple sugar, or any agricultural commodity,
7617-including lumber, as an incident to ordinary farming operations or the
7618-harvesting of mushrooms, the hatching of poultry, or the construction,
7619-operation or maintenance of ditches, canals, reservoirs or waterways
7620-used exclusively for farming purposes; handling, planting, drying,
7621-packing, packaging, processing, freezing, grading, storing or delivering
7622-to storage or to market, or to a carrier for transportation to market, or
7623-for direct sale any agricultural or horticultural commodity as an incident
7624-to ordinary farming operations, or, in the case of fruits and vegetables, Senate Bill No. 1201
7625-
7626-June Sp. Sess., Public Act No. 21-1 234 of 303
7627-
7628-as an incident to the preparation of such fruits or vegetables for market
7629-or for direct sale. The term "farm" includes farm buildings, and
7630-accessory buildings thereto, nurseries, orchards, ranges, greenhouses,
7631-hoophouses and other temporary structures or other structures used
7632-primarily for the raising and, as an incident to ordinary farming
7633-operations, the sale of agricultural or horticultural commodities. The
7634-terms "agriculture" and "farming" do not include the cultivation of
7635-cannabis, as defined in section 1 of this act. The term "aquaculture"
7636-means the farming of the waters of the state and tidal wetlands and the
7637-production of protein food, including fish, oysters, clams, mussels and
7638-other molluscan shellfish, on leased, franchised and public underwater
7639-farm lands. Nothing herein shall restrict the power of a local zoning
7640-authority under chapter 124.
7641-Sec. 144. (Effective from passage) Not later than January 1, 2025, the
7642-Social Equity Council established pursuant to section 22 of this act shall
7643-report to the Governor and, in accordance with the provisions of section
7644-11-4a of the general statutes, to the joint standing committees of the
7645-General Assembly having cognizance of matters relating to the judiciary
7646-and general law, data regarding the location of cannabis establishments
7647-and whether such establishments are predominantly located in
7648-communities of color.
7649-Sec. 145. (NEW) (Effective July 1, 2021) (a) In order for a dispensary
7650-facility to convert its license to a hybrid-retailer license, a dispensary
7651-facility shall have a workforce development plan that has been
7652-approved by the Social Equity Council under section 22 of this act and
7653-shall either pay the fee of one million dollars established in section 34 of
7654-this act or, if such dispensary facility has committed to create one equity
7655-joint venture to be approved by the Social Equity Council for ownership
7656-purposes under section 22 of this act and subsequent to obtaining such
7657-approval, approved by the department for licensure under this section,
7658-pay a reduced fee of five hundred thousand dollars. Senate Bill No. 1201
7659-
7660-June Sp. Sess., Public Act No. 21-1 235 of 303
7661-
7662-(b) Any equity joint venture created under this section shall be
7663-created for the development of a cannabis establishment business with
7664-a social equity applicant that owns at least fifty per cent of such business
7665-and where the dispensary facility owns at most fifty per cent of such
7666-business.
7667-(c) An equity joint venture applicant shall submit an application to
7668-the Social Equity Council that may include, but need not be limited to,
7669-evidence of business formation, ownership allocation, terms of
7670-ownership and financing and proof of social equity applicant
7671-involvement. The dispensary facility or social equity applicant of an
7672-equity joint venture shall submit an application to the Social Equity
7673-Council that may include, but need not be limited to, evidence of
7674-business formation, ownership allocation, terms of ownership and
7675-financing and proof of social equity applicant involvement. The
7676-dispensary facility or social equity applicant of an equity joint venture
7677-shall submit to the Social Equity Council information including, but not
7678-limited to, the organizing documents of the entity that outline the
7679-ownership stake of each backer, initial backer investment and payout
7680-information to enable the council to determine the terms of ownership.
7681-(d) Upon receipt of written approval of the equity joint venture by
7682-the Social Equity Council, the dispensary facility or social equity
7683-applicant of the equity joint venture shall apply for a license from the
7684-department in the same form as required by all other licensees of the
7685-same license type and subject to the same fees as required by all other
7686-licensees of the same license type.
7687-(e) A dispensary facility, including the backers of such dispensary
7688-facility, shall not increase its ownership in an equity joint venture in
7689-excess of fifty per cent during the seven-year period after a license is
7690-issued by the department under this section.
7691-(f) Equity joint ventures that are retailers or hybrid retailers that share Senate Bill No. 1201
7692-
7693-June Sp. Sess., Public Act No. 21-1 236 of 303
7694-
7695-a common dispensary facility or dispensary facility backer owner shall
7696-not be located within twenty miles of another commonly owned equity
7697-joint venture.
7698-(g) If a dispensary facility has paid the reduced conversion fee in
7699-accordance with subsection (a) of this section, and did not subsequently
7700-create one equity joint venture under this section, the dispensary facility
7701-shall be liable for the full conversion fee of one million dollars,
7702-established under section 34 of this act.
7703-Sec. 146. (NEW) (Effective January 1, 2022) (a) There is established,
7704-within the Department of Public Health, a program to collect and
7705-abstract timely public health information on cannabis associated illness
7706-and adverse events, nonfatal and fatal injuries and cannabis use
7707-poisoning data, from state and national data sources. Such program
7708-shall include, but need not be limited to, the following: (1) Serving as a
7709-data coordinator, analysis and reporting source of cannabis data and
7710-statistics that include, but are not limited to, illness, adverse events,
7711-injury, pregnancy outcomes, childhood poisoning, adult and youth use,
7712-cannabis-related emergency room visits and urgent care episodic
7713-mental health visits; (2) performing epidemiologic analysis on
7714-demographic, health and mortality data to identify risk factors and
7715-changes in trends; (3) working with the Departments of Consumer
7716-Protection and Mental Health and Addiction Services and any other
7717-entity that the Commissioner of Public Health deems necessary to
7718-disseminate public health alerts; and (4) sharing state-wide data to
7719-inform policy makers and citizens on the impact of cannabis legalization
7720-by posting public health prevention information and cannabis use
7721-associated morbidity and mortality statistics to the Department of
7722-Public Health's Internet web site.
7723-(b) The Department of Public Health shall, not later than April 1, 2023,
7724-and annually thereafter, report in accordance with the provisions of
7725-section 11-4a of the general statutes, to the joint standing committees of Senate Bill No. 1201
7726-
7727-June Sp. Sess., Public Act No. 21-1 237 of 303
7728-
7729-the General Assembly with cognizance relating to public health, human
7730-services, and appropriations and the budgets of state agencies about the
7731-public health information on cannabis collected by the department
7732-under subsection (a) of this section.
7733-Sec. 147. (NEW) (Effective July 1, 2021) (a) As used in this section,
7734-"producer", "cultivator", "micro-cultivator", "product manufacturer",
7735-"hybrid retailer" and "retailer" have the same meanings as provided in
7736-section 1 of this act; and "hemp" and "hemp products" have the same
7737-meanings as provided in section 22-61l of the general statutes.
7738-(b) Any producer, cultivator, micro-cultivator and product
7739-manufacturer may manufacture, market, cultivate or store hemp and
7740-hemp products in accordance with the provisions of chapter 424 of the
7741-general statutes and any regulations adopted under said chapter, except
7742-that a producer, cultivator, micro-cultivator and product manufacturer
7743-may obtain hemp and hemp products from a person authorized under
7744-the laws of this state or another state, territory or possession of the
7745-United States or another sovereign entity to possess and sell such hemp
7746-and hemp products.
7747-(c) Hemp or hemp products purchased by a producer, cultivator,
7748-micro-cultivator or product manufacturer from a third party shall be
7749-tracked as a separate batch throughout the manufacturing process in
7750-order to document the disposition of such hemp or hemp products.
7751-Once hemp or hemp products are received by a producer, cultivator,
7752-micro-cultivator or product manufacturer, such hemp or hemp products
7753-shall be deemed cannabis and shall comply with the requirements for
7754-cannabis contained in the applicable provisions of the general statutes
7755-and any regulations adopted under such provisions. A producer,
7756-cultivator, micro-cultivator and product manufacturer shall retain a
7757-copy of the certificate of analysis for purchased hemp or hemp products
7758-and invoice and transport documents that evidence the quantity
7759-purchased and date received. Senate Bill No. 1201
7760-
7761-June Sp. Sess., Public Act No. 21-1 238 of 303
7762-
7763-(d) No hemp or hemp products shall be sold or distributed within a
7764-dispensary facility that is licensed under chapter 420f of the general
7765-statutes or the business premises of a hybrid retailer or a retailer.
7766-Sec. 148. (NEW) (Effective July 1, 2021) (a) As used in this section,
7767-"municipality" means any town, city or borough, consolidated town and
7768-city or consolidated town and borough, and a district establishing a
7769-zoning commission under section 7-326 of the general statutes.
7770-(b) Any municipality may, by amendment to such municipality's
7771-zoning regulations or by local ordinance, (1) prohibit the establishment
7772-of a cannabis establishment, (2) establish reasonable restrictions
7773-regarding the hours and signage within the limits of such municipality,
7774-or (3) establish restrictions on the proximity of cannabis establishments
7775-to any of the establishments listed in subsection (a) of subdivision (1) of
7776-section 30-46 of the general statutes. The chief zoning official of a
7777-municipality shall report, in writing, any zoning changes adopted by the
7778-municipality regarding cannabis establishments pursuant to this
7779-subsection to the Secretary of the Office of Policy and Management and
7780-to the department not later than fourteen days after the adoption of such
7781-changes.
7782-(c) Unless otherwise provided for by a municipality through its
7783-zoning regulations or ordinances, a cannabis establishment shall be
7784-zoned as if for any other similar use, other than a cannabis
7785-establishment, would be zoned.
7786-(d) Any restriction regarding hours, zoning and signage of a cannabis
7787-establishment adopted by a municipality shall not apply to an existing
7788-cannabis establishment located in such municipality if such cannabis
7789-establishment does not convert to a different license type, for a period
7790-of five years after the adoption of such prohibition or restriction.
7791-(e) Until June 30, 2024, no municipality shall grant zoning approval Senate Bill No. 1201
7792-
7793-June Sp. Sess., Public Act No. 21-1 239 of 303
7794-
7795-for more retailers or micro-cultivators than a number that would allow
7796-for one retailer and one micro-cultivator for every twenty-five thousand
7797-residents of such municipality, as determined by the most recent
7798-decennial census.
7799-(f) On and after July 1, 2024, the Commissioner of Consumer
7800-Protection may, in the discretion of the commissioner, post on the
7801-Department of Consumer Protection's Internet web site a specific
7802-number of residents such that no municipality shall grant zoning
7803-approval for more retailers or micro-cultivators than would result in one
7804-retailer and one micro-cultivator for every such specific number of
7805-residents, as determined by the commissioner. Any such determination
7806-shall be made to ensure reasonable access to cannabis by consumers.
7807-(g) For purposes of ensuring compliance with this section, a special
7808-permit or other affirmative approval shall be required for any retailer or
7809-micro-cultivator seeking to be located within a municipality. A
7810-municipality shall not grant such special permit or approval for any
7811-retailer or micro-cultivator applying for such special permit or approval
7812-if that would result in an amount that (1) until June 30, 2024, exceeds the
7813-density cap of one retailer and one micro-cultivator for every twenty-
7814-five thousand residents, and (2) on and after July 1, 2024, exceeds any
7815-density cap determined by the commissioner under subsection (f) of this
7816-section. When awarding final licenses for a retailer or micro-cultivator,
7817-the Department of Consumer Protection may assume that, if an
7818-applicant for such final license has obtained zoning approval, the
7819-approval of a final license for such applicant shall not result in a
7820-violation of this section or any other municipal restrictions on the
7821-number or density of cannabis establishments.
7822-Sec. 149. (NEW) (Effective July 1, 2021) (a) Thirty days after the Social
7823-Equity Council posts the criteria for social equity applicants on its
7824-Internet web site, the department shall open up a three-month
7825-application period for cultivators during which a social equity applicant Senate Bill No. 1201
7826-
7827-June Sp. Sess., Public Act No. 21-1 240 of 303
7828-
7829-may apply to the department for a provisional cultivator license and
7830-final license for a cultivation facility located in a disproportionately
7831-impacted area without participating in a lottery or request for proposals.
7832-Such application for a provisional license shall be granted upon (1)
7833-verification by the Social Equity Council that the applicant meets the
7834-criteria for a social equity applicant; (2) the applicant submitting to and
7835-passing a criminal background check; and (3) payment of a three-
7836-million-dollar fee to be deposited in the Social Equity and Innovation
7837-Fund established in section 128 of this act. Upon granting such
7838-provisional license, the department shall notify the applicant of the
7839-project labor agreement requirements of section 103 of this act.
7840-(b) To obtain a final cultivator license under this section, the social
7841-equity applicant shall provide evidence of (1) a contract with an entity
7842-providing an approved electronic tracking system as described in
7843-section 56 of this act; (2) a right to exclusively occupy a location in a
7844-disproportionately impacted area at which the cultivation facility will
7845-be located; (3) any necessary local zoning approval and permits for the
7846-cultivation facility; (4) a business plan; (5) a social equity plan approved
7847-by the Social Equity Council; (6) written policies for preventing
7848-diversion and misuse of cannabis and sales of cannabis to underage
7849-persons; and (7) blueprints of the facility and all other security
7850-requirements of the department.
7851-Sec. 150. (NEW) (Effective July 1, 2021) (a) The Governor may enter
7852-into one or more compacts, amendments to existing compacts,
7853-memoranda of understanding or agreements with the Mashantucket
7854-Pequot Tribe or with the Mohegan Tribe of Indians of Connecticut, or
7855-both, to coordinate the administration and execution of laws and
7856-regulations of this state, as set forth in RERACA, and of laws and
7857-regulations of said tribes relating to the possession, delivery,
7858-production, processing or use of cannabis. Any such compact,
7859-amendment to existing compact, memorandum of understanding or Senate Bill No. 1201
7860-
7861-June Sp. Sess., Public Act No. 21-1 241 of 303
7862-
7863-agreement may contain provisions including, but not limited to, those
7864-relating to:
7865-(1) Criminal and civil law enforcement;
7866-(2) Laws and regulations relating to the possession, delivery,
7867-production, processing or use of cannabis; and
7868-(3) Laws and regulations relating to taxation.
7869-(b) Any compact, amendment to existing compact, memorandum of
7870-understanding or agreement entered into pursuant to subsection (a) of
7871-this section shall:
7872-(1) Provide for the preservation of public health and safety;
7873-(2) Ensure the security of any cannabis production, processing,
7874-testing or retail facilities on tribal land; and
7875-(3) Regulate any business involving cannabis that passes between the
7876-reservation of the tribal nation that is a party to such compact,
7877-amendment to existing compact, memorandum of understanding or
7878-agreement, and other areas in the state.
7879-(c) Notwithstanding the provisions of section 3-6c of the general
7880-statutes, any compact, amendment to existing compact, memorandum
7881-of understanding or agreement, or renewal thereof, entered into by the
7882-Governor with the Mashantucket Pequot Tribe or with the Mohegan
7883-Tribe of Indians of Connecticut pursuant to subsection (a) of this section,
7884-shall be considered approved by the General Assembly under section 3-
7885-6c of the general statutes upon the Governor entering into such compact,
7886-amendment to existing compact, memorandum of understanding or
7887-agreement, or renewal thereof, without any further action required by
7888-the General Assembly.
7889-Sec. 151. (Effective from passage) The Legislative Commissioners' Office Senate Bill No. 1201
7890-
7891-June Sp. Sess., Public Act No. 21-1 242 of 303
7892-
7893-shall, in codifying the provisions of this act, make such technical,
7894-grammatical and punctuation changes as are necessary to carry out the
7895-purposes of this act, including, but not limited to, correcting inaccurate
7896-internal references.
7897-Sec. 152. Section 32-39 of the general statutes is repealed and the
7898-following is substituted in lieu thereof (Effective July 1, 2021):
7899-The purposes of the corporation shall be to stimulate and encourage
7900-the research and development of new technologies, businesses and
7901-products, to encourage the creation and transfer of new technologies, to
7902-assist existing businesses in adopting current and innovative
7903-technological processes, to stimulate and provide services to industry
7904-that will advance the adoption and utilization of technology, to achieve
7905-improvements in the quality of products and services, to stimulate and
7906-encourage the development and operation of new and existing science
7907-parks and incubator facilities, and to promote science, engineering,
7908-mathematics and other disciplines that are essential to the development
7909-and application of technology within Connecticut by the infusion of
7910-financial aid for research, invention and innovation in situations in
7911-which such financial aid would not otherwise be reasonably available
7912-from commercial or other sources, and for these purposes the
7913-corporation shall have the following powers:
7914-(1) To have perpetual succession as a body corporate and to adopt
7915-bylaws, policies and procedures for the regulation of its affairs and
7916-conduct of its businesses as provided in section 32-36;
7917-(2) To enter into venture agreements with persons, upon such terms
7918-and on such conditions as are consistent with the purposes of this
7919-chapter, for the advancement of financial aid to such persons for the
7920-research, development and application of specific technologies,
7921-products, procedures, services and techniques, to be developed and
7922-produced in this state, and to condition such agreements upon Senate Bill No. 1201
7923-
7924-June Sp. Sess., Public Act No. 21-1 243 of 303
7925-
7926-contractual assurances that the benefits of increasing or maintaining
7927-employment and tax revenues shall remain in this state and shall accrue
7928-to it;
7929-(3) To solicit, receive and accept aid, grants or contributions from any
7930-source of money, property or labor or other things of value, to be held,
7931-used and applied to carry out the purposes of this chapter, subject to the
7932-conditions upon which such grants and contributions may be made,
7933-including but not limited to, gifts or grants from any department or
7934-agency of the United States or the state;
7935-(4) To invest in, acquire, lease, purchase, own, manage, hold and
7936-dispose of real property and lease, convey or deal in or enter into
7937-agreements with respect to such property on any terms necessary or
7938-incidental to the carrying out of these purposes; provided, however, (A)
7939-all such acquisitions of real property for the corporation's own use with
7940-amounts appropriated by the state to the corporation or with the
7941-proceeds of bonds supported by the full faith and credit of the state shall
7942-be subject to the approval of the Secretary of the Office of Policy and
7943-Management and the provisions of section 4b-23, and (B) upon
7944-termination of a lease executed on or before, May 1, 2016, for its main
7945-office, the corporation shall consider relocating such main office to a
7946-designated innovation place, as defined in section 32-39j, and
7947-establishing a satellite office in one or more designated innovation
7948-places;
7949-(5) To borrow money or to guarantee a return to the investors in or
7950-lenders to any capital initiative, to the extent permitted under this
7951-chapter;
7952-(6) To hold patents, copyrights, trademarks, marketing rights,
7953-licenses, or any other evidences of protection or exclusivity as to any
7954-products as defined herein, issued under the laws of the United States
7955-or any state or any nation; Senate Bill No. 1201
7956-
7957-June Sp. Sess., Public Act No. 21-1 244 of 303
7958-
7959-(7) To employ such assistants, agents and other employees as may be
7960-necessary or desirable, which employees shall be exempt from the
7961-classified service and shall not be employees, as defined in subsection
7962-(b) of section 5-270; establish all necessary or appropriate personnel
7963-practices and policies, including those relating to hiring, promotion,
7964-compensation, retirement and collective bargaining, which need not be
7965-in accordance with chapter 68, and the corporation shall not be an
7966-employer, as defined in subsection (a) of section 5-270; and engage
7967-consultants, attorneys and appraisers as may be necessary or desirable
7968-to carry out its purposes in accordance with this chapter;
7969-(8) To make and enter into all contracts and agreements necessary or
7970-incidental to the performance of its duties and the execution of its
7971-powers under this chapter;
7972-(9) To sue and be sued, plead and be impleaded, adopt a seal and
7973-alter the same at pleasure;
7974-(10) With the approval of the State Treasurer, to invest any funds not
7975-needed for immediate use or disbursement, including any funds held in
7976-reserve, in obligations issued or guaranteed by the United States of
7977-America or the state of Connecticut and in other obligations which are
7978-legal investments for retirement funds in this state;
7979-(11) To procure insurance against any loss in connection with its
7980-property and other assets in such amounts and from such insurers as it
7981-deems desirable;
7982-(12) To the extent permitted under its contract with other persons, to
7983-consent to any termination, modification, forgiveness or other change of
7984-any term of any contractual right, payment, royalty, contract or
7985-agreement of any kind to which the corporation is a party;
7986-(13) To do anything necessary and convenient to render the bonds to
7987-be issued under section 32-41 more marketable; Senate Bill No. 1201
7988-
7989-June Sp. Sess., Public Act No. 21-1 245 of 303
7990-
7991-(14) To acquire, lease, purchase, own, manage, hold and dispose of
7992-personal property, and lease, convey or deal in or enter into agreements
7993-with respect to such property on any terms necessary or incidental to
7994-the carrying out of these purposes;
7995-(15) In connection with any application for assistance under this
7996-chapter, or commitments therefor, to make and collect such fees as the
7997-corporation shall determine to be reasonable;
7998-(16) To enter into venture agreements with persons, upon such terms
7999-and conditions as are consistent with the purposes of this chapter to
8000-provide financial aid to such persons for the marketing of new and
8001-innovative services based on the use of a specific technology, product,
8002-device, technique, service or process;
8003-(17) To enter into limited partnerships or other contractual
8004-arrangements with private and public sector entities as the corporation
8005-deems necessary to provide financial aid which shall be used to make
8006-investments of seed venture capital in companies based in or relocating
8007-to the state in a manner which shall foster additional capital investment,
8008-the establishment of new businesses, the creation of new jobs and
8009-additional commercially-oriented research and development activity.
8010-The repayment of such financial aid shall be structured in such manner
8011-as the corporation deems will best encourage private sector
8012-participation in such limited partnerships or other arrangements. The
8013-board of directors, chief executive officer, officers and staff of the
8014-corporation may serve as members of any advisory or other board
8015-which may be established to carry out the purposes of this subdivision;
8016-(18) To account for and audit funds of the corporation and funds of
8017-any recipients of financial aid from the corporation;
8018-(19) To advise the Governor, the General Assembly, the
8019-Commissioner of Economic and Community Development and the Senate Bill No. 1201
8020-
8021-June Sp. Sess., Public Act No. 21-1 246 of 303
8022-
8023-president of the Connecticut State Colleges and Universities on matters
8024-relating to science, engineering and technology which may have an
8025-impact on state policies, programs, employers and residents, and on job
8026-creation and retention;
8027-(20) To promote technology-based development in the state;
8028-(21) To encourage and promote the establishment of and, within
8029-available resources, to provide financial aid to advanced technology
8030-centers;
8031-(22) To maintain an inventory of data and information concerning
8032-state and federal programs which are related to the purposes of this
8033-chapter and to serve as a clearinghouse and referral service for such data
8034-and information, provided such power shall be transferred to CTNext
8035-on September 1, 2016;
8036-(23) To conduct and encourage research and studies relating to
8037-technological development;
8038-(24) To provide technical or other assistance and, within available
8039-resources, to provide financial aid to the Connecticut Academy of
8040-Science and Engineering, Incorporated, in order to further the purposes
8041-of this chapter;
8042-(25) To recommend a science and technology agenda for the state that
8043-will promote the formation of public and private partnerships for the
8044-purpose of stimulating research, new business formation and growth
8045-and job creation;
8046-(26) To encourage and provide technical assistance and, within
8047-available resources, to provide financial aid to existing manufacturers
8048-and other businesses in the process of adopting innovative technology
8049-and new state-of-the-art processes and techniques; Senate Bill No. 1201
8050-
8051-June Sp. Sess., Public Act No. 21-1 247 of 303
8052-
8053-(27) To recommend state goals for technological development and to
8054-establish policies and strategies for developing and assisting
8055-technology-based companies and for attracting such companies to the
8056-state;
8057-(28) To promote and encourage and, within available resources, to
8058-provide financial aid for the establishment, maintenance and operation
8059-of incubator facilities, provided such power shall be transferred to
8060-CTNext on September 1, 2016;
8061-(29) To promote and encourage the coordination of public and
8062-private resources and activities within the state in order to assist
8063-technology-based entrepreneurs and business enterprises;
8064-(30) To provide services to industry that will stimulate and advance
8065-the adoption and utilization of technology and achieve improvements
8066-in the quality of products and services;
8067-(31) To promote science, engineering, mathematics and other
8068-disciplines that are essential to the development and application of
8069-technology;
8070-(32) To coordinate its efforts with existing business outreach centers,
8071-as described in section 32-9qq;
8072-(33) To do all acts and things necessary and convenient to carry out
8073-the purposes of this chapter;
8074-(34) To accept from the department: (A) Financial assistance, (B)
8075-revenues or the right to receive revenues with respect to any program
8076-under the supervision of the department, and (C) loan assets or equity
8077-interests in connection with any program under the supervision of the
8078-department; to make advances to and reimburse the department for any
8079-expenses incurred or to be incurred by it in the delivery of such
8080-assistance, revenues, rights, assets, or interests; to enter into agreements Senate Bill No. 1201
8081-
8082-June Sp. Sess., Public Act No. 21-1 248 of 303
8083-
8084-for the delivery of services by the corporation, in consultation with the
8085-department and the Connecticut Housing Finance Authority, to third
8086-parties, which agreements may include provisions for payment by the
8087-department to the corporation for the delivery of such services; and to
8088-enter into agreements with the department or with the Connecticut
8089-Housing Finance Authority for the sharing of assistants, agents and
8090-other consultants, professionals and employees, and facilities and other
8091-real and personal property used in the conduct of the corporation's
8092-affairs;
8093-(35) To transfer to the department: (A) Financial assistance, (B)
8094-revenues or the right to receive revenues with respect to any program
8095-under the supervision of the corporation, and (C) loan assets or equity
8096-interests in connection with any program under the supervision of the
8097-corporation, provided the transfer of such financial assistance, revenues,
8098-rights, assets or interests is determined by the corporation to be
8099-practicable, within the constraints and not inconsistent with the
8100-fiduciary obligations of the corporation imposed upon or established
8101-upon the corporation by any provision of the general statutes, the
8102-corporation's bond resolutions or any other agreement or contract of the
8103-corporation and to have no adverse effect on the tax-exempt status of
8104-any bonds of the state;
8105-(36) With respect to any capital initiative, to create, with one or more
8106-persons, one or more affiliates and to provide, directly or indirectly, for
8107-the contribution of capital to any such affiliate, each such affiliate being
8108-expressly authorized to exercise on such affiliate's own behalf all powers
8109-which the corporation may exercise under this section, in addition to
8110-such other powers provided to it by law;
8111-(37) To provide financial aid to enable biotechnology, bioscience and
8112-other technology companies to lease, acquire, construct, maintain,
8113-repair, replace or otherwise obtain and maintain production, testing,
8114-research, development, manufacturing, laboratory and related and Senate Bill No. 1201
8115-
8116-June Sp. Sess., Public Act No. 21-1 249 of 303
8117-
8118-other facilities, improvements and equipment;
8119-(38) To provide financial aid to persons developing smart buildings,
8120-as defined in section 32-23d, incubator facilities or other information
8121-technology intensive office and laboratory space;
8122-(39) To provide financial aid to persons developing or constructing
8123-the basic buildings, facilities or installations needed for the functioning
8124-of the media and motion picture industry in this state;
8125-(40) To coordinate the development and implementation of strategies
8126-regarding technology-based talent and innovation among state and
8127-quasi-public agencies, including the creation and administration of the
8128-Connecticut Small Business Innovation Research Office to act as a
8129-centralized clearinghouse and provide technical assistance to applicants
8130-in developing small business innovation research programs in
8131-conformity with the federal program established pursuant to the Small
8132-Business Research and Development Enhancement Act of 1992, P.L. 102-
8133-564, as amended, and other proposals, provided such power shall be
8134-transferred to CTNext on September 1, 2016;
8135-(41) To invest in private equity investment funds, or funds of funds,
8136-and enter into related agreements of limited partnership or other
8137-contractual arrangements related to such funds. Any such fund may be
8138-organized and managed, and may invest in businesses, located within
8139-or outside the state, provided the characteristics, investment objectives
8140-and criteria for such fund shall be consistent with policies adopted by
8141-the corporation's board of directors, which shall include requirements
8142-that the fund manager have or establish an office in the state and that
8143-the fund manager agrees to make diligent and good faith efforts to
8144-source deals and make fund investments such that an amount at least
8145-equal to the amount invested in such fund by the corporation and not
8146-otherwise returned, net of customary fees, expenses and closing costs
8147-borne ratably by fund investors, is invested by or through such fund in Senate Bill No. 1201
8148-
8149-June Sp. Sess., Public Act No. 21-1 250 of 303
8150-
8151-a manner that supports (A) the growth of business operations of
8152-companies in the technology, bioscience or precision manufacturing
8153-sectors in the state, or (B) the relocation of companies in such sectors to
8154-the state;
8155-(42) To invest up to five million dollars in a venture capital funding
8156-round of an out-of-state business that has raised private capital, has
8157-been incorporated for ten years or less and whose annual gross revenue
8158-has increased by twenty per cent for each of the three previous income
8159-years of such business, provided (A) any such investment is contingent
8160-upon the business relocating its operations to the state, (B) no
8161-investment shall exceed fifty per cent of the total amount raised by the
8162-business in such venture capital funding round, and (C) the total
8163-amount of investments pursuant to this section shall not exceed ten
8164-million dollars;
8165-(43) To establish a program to solicit private investment from state
8166-residents that Connecticut Innovations, Incorporated will invest in a
8167-private investment fund or funds of funds pursuant to subdivision (41)
8168-of this section or subsections (e) and (g) of section 32-41cc on behalf of
8169-such residents, provided any such private investment shall be invested
8170-by Connecticut Innovations, Incorporated in venture capital firms
8171-having offices located in the state; [and]
8172-(44) To create financial incentives to induce (A) out-of-state
8173-businesses that have raised private capital, have been incorporated for
8174-ten years or less and whose annual gross revenue has increased by
8175-twenty per cent for each of the three previous income years of such
8176-business, to relocate to Connecticut, provided the corporation has made
8177-an equity investment in such business and (B) out-of-state venture
8178-capital firms to relocate to Connecticut, provided the corporation is
8179-investing funds in such firm as a limited partner; [.] and
8180-(45) To provide financial aid, including in the form of equity Senate Bill No. 1201
8181-
8182-June Sp. Sess., Public Act No. 21-1 251 of 303
8183-
8184-investments, to cannabis establishments, as defined in section 1 of this
8185-act.
8186-Sec. 153. (NEW) (Effective January 1, 2022) Not later than January 1,
8187-2022, the Police Officer Standards and Training Council shall issue
8188-guidance concerning how police officers shall determine whether the
8189-cannabis possessed by a person is in excess of such person's possession
8190-limit pursuant to subsection (a) of section 21a-279a of the general
8191-statutes.
8192-Sec. 154. Subsection (h) of section 51-164n of the general statutes is
8193-repealed and the following is substituted in lieu thereof (Effective July 1,
8194-2021):
8195-(h) In any trial for the alleged commission of an infraction, the
8196-practice, procedure, rules of evidence and burden of proof applicable in
8197-criminal proceedings shall apply. [, except that in any trial for the
8198-alleged commission of an infraction under subsection (d) of section 21a-
8199-267, the burden of proof shall be by the preponderance of the evidence.]
8200-Any person found guilty at the trial or upon a plea shall be guilty of the
8201-commission of an infraction and shall be fined not less than thirty-five
8202-dollars or more than ninety dollars or, if the infraction is for a violation
8203-of any provision of title 14, not less than fifty dollars or more than ninety
8204-dollars.
8205-Sec. 155. Subdivision (4) of subsection (c) of section 19a-343 of the
8206-general statutes is repealed and the following is substituted in lieu
8207-thereof (Effective July 1, 2021):
8208-(4) Offenses for the sale of controlled substances, possession of
8209-controlled substances with intent to sell, or maintaining a drug factory
8210-under section 21a-277, 21a-278 or 21a-278a or section 13 of this act use of
8211-the property by persons possessing controlled substances under section
8212-21a-279. Nothing in this section shall prevent the state from also Senate Bill No. 1201
8213-
8214-June Sp. Sess., Public Act No. 21-1 252 of 303
8215-
8216-proceeding against property under section 21a-259 or 54-36h.
8217-Sec. 156. Subsection (a) of section 53-394 of the general statutes is
8218-repealed and the following is substituted in lieu thereof (Effective July 1,
8219-2021):
8220-(a) "Racketeering activity" means to commit, to attempt to commit, to
8221-conspire to commit, or to intentionally aid, solicit, coerce or intimidate
8222-another person to commit any crime which, at the time of its
8223-commission, was a felony chargeable by indictment or information
8224-under the following provisions of the general statutes then applicable:
8225-(1) Sections 53-278a to 53-278f, inclusive, relating to gambling activity;
8226-(2) chapter 949a, relating to extortionate credit transactions; (3) chapter
8227-952, part IV, relating to homicide; (4) chapter 952, part V, relating to
8228-assault, except assault with a motor vehicle as defined in section 53a-
8229-60d; (5) sections 53a-85 to 53a-88, inclusive, relating to prostitution; (6)
8230-chapter 952, part VII, relating to kidnapping; (7) chapter 952, part VIII,
8231-relating to burglary, arson and related offenses; (8) chapter 952, part IX,
8232-relating to larceny, robbery and related offenses; (9) chapter 952, part X,
8233-relating to forgery and related offenses; (10) chapter 952, part XI, relating
8234-to bribery and related offenses; (11) chapter 952, part XX, relating to
8235-obscenity and related offenses; (12) chapter 952, part XIX, relating to
8236-coercion; (13) sections 53-202, 53-206, 53a-211 and 53a-212, relating to
8237-weapons and firearms; (14) section 53-80a, relating to the manufacture
8238-of bombs; (15) sections 36b-2 to 36b-34, inclusive, relating to securities
8239-fraud and related offenses; (16) sections 21a-277, 21a-278 and 21a-279,
8240-and section 13 of this act, relating to drugs; (17) section 22a-131a, relating
8241-to hazardous waste; (18) chapter 952, part XXIII, relating to money
8242-laundering; (19) section 53a-192a, relating to trafficking in persons; or
8243-(20) subsection (b) of section 12-304 or section 12-308, relating to
8244-cigarettes, or subsection (c) of section 12-330f or subsection (b) of section
8245-12-330j, relating to tobacco products.
8246-Sec. 157. Subsections (a) to (c), inclusive, of section 54-33g of the Senate Bill No. 1201
8247-
8248-June Sp. Sess., Public Act No. 21-1 253 of 303
8249-
8250-general statutes are repealed and the following is substituted in lieu
8251-thereof (Effective July 1, 2021):
8252-(a) When any property believed to be possessed, controlled, designed
8253-or intended for use or which is or has been used or which may be used
8254-as a means of committing any criminal offense, or which constitutes the
8255-proceeds of the commission of any criminal offense, except a violation
8256-of section 21a-267, 21a-277, 21a-278 or 21a-279, or section 13 of this act,
8257-has been seized as a result of a lawful arrest or a lawful search that
8258-results in an arrest, which the state claims to be a nuisance and desires
8259-to have destroyed or disposed of in accordance with the provisions of
8260-this section, the Chief State's Attorney or a deputy chief state's attorney,
8261-state's attorney or assistant or deputy assistant state's attorney may
8262-petition the court not later than ninety days after the seizure, in the
8263-nature of a proceeding in rem, to order forfeiture of such property. Such
8264-proceeding shall be deemed a civil suit in equity, in which the state shall
8265-have the burden of proving all material facts by clear and convincing
8266-evidence. The court shall identify the owner of such property and any
8267-other person as appears to have an interest in such property, and order
8268-the state to give notice to such owner and any interested person by
8269-certified or registered mail.
8270-(b) The court shall hold a hearing on the petition filed pursuant to
8271-subsection (a) of this section not more than two weeks after the criminal
8272-proceeding that occurred as a result of the arrest has been nolled,
8273-dismissed or otherwise disposed of. The court shall deny the petition
8274-and return the property to the owner if the criminal proceeding does not
8275-result in (1) a plea of guilty or nolo contendere to any offense charged in
8276-the same criminal information, (2) a guilty verdict after trial to a
8277-forfeiture-eligible offense for which the property was possessed,
8278-controlled, designed or intended for use, or which was or had been used
8279-as a means of committing such offense, or which constitutes the
8280-proceeds of the commission of such offense, or (3) a dismissal resulting Senate Bill No. 1201
8281-
8282-June Sp. Sess., Public Act No. 21-1 254 of 303
8283-
8284-from the completion of a pretrial diversionary program.
8285-(c) If the court finds the allegations made in such petition to be true
8286-and that the property has been possessed, controlled or designed for
8287-use, or is or has been or is intended to be used, with intent to violate or
8288-in violation of any of the criminal laws of this state, or constitutes the
8289-proceeds of a violation of any of the criminal laws of this state, except a
8290-violation of section 21a-267, 21a-277, 21a-278 or 21a-279, or section 13 of
8291-this act, and that a plea of guilty or nolo contendere to such offense or
8292-another charge in the same criminal information, or a guilty verdict after
8293-trial for such forfeiture-eligible offense, or a dismissal resulting from the
8294-completion of a pretrial diversionary program has been entered, the
8295-court shall render judgment that such property is a nuisance and order
8296-the property to be destroyed or disposed of to a charitable or
8297-educational institution or to a governmental agency or institution,
8298-except that if any such property is subject to a bona fide mortgage,
8299-assignment of lease or rent, lien or security interest, such property shall
8300-not be so destroyed or disposed of in violation of the rights of the holder
8301-of such mortgage, assignment of lease or rent, lien or security interest.
8302-Sec. 158. Section 54-41b of the general statutes is repealed and the
8303-following is substituted in lieu thereof (Effective July 1, 2021):
8304-The Chief State's Attorney or the state's attorney for the judicial
8305-district in which the interception is to be conducted may make
8306-application to a panel of judges for an order authorizing the interception
8307-of any wire communication by investigative officers having
8308-responsibility for the investigation of offenses as to which the
8309-application is made when such interception may provide evidence of
8310-the commission of offenses involving gambling, bribery, violations of
8311-section 53-395, violations of section 53a-70c, violations of subsection (a)
8312-of section 53a-90a, violations of section 53a-192a, violations of section
8313-53a-196, violations of section 21a-277, violations of section 13 of this act,
8314-felonious crimes of violence or felonies involving the unlawful use or Senate Bill No. 1201
8315-
8316-June Sp. Sess., Public Act No. 21-1 255 of 303
8317-
8318-threatened use of physical force or violence committed with the intent
8319-to intimidate or coerce the civilian population or a unit of government.
8320-Sec. 159. Subsection (b) of section 18-100h of the general statutes is
8321-repealed and the following is substituted in lieu thereof (Effective July 1,
8322-2021):
8323-(b) Notwithstanding any provision of the general statutes, whenever
8324-a person is sentenced to a term of imprisonment for a violation of section
8325-21a-267, [or] 21a-279 or 21a-279a, and committed by the court to the
8326-custody of the Commissioner of Correction, the commissioner may,
8327-after admission and a risk and needs assessment, release such person to
8328-such person's residence subject to the condition that such person not
8329-leave such residence unless otherwise authorized. Based upon the
8330-assessment of such person, the commissioner may require such person
8331-to be subject to electronic monitoring, which may include the use of a
8332-global positioning system and continuous monitoring for alcohol
8333-consumption, to drug testing on a random basis, and to any other
8334-conditions that the commissioner may impose. Any person released
8335-pursuant to this subsection shall remain in the custody of the
8336-commissioner and shall be supervised by employees of the department
8337-during the period of such release. Upon the violation by such person of
8338-any condition of such release, the commissioner may revoke such
8339-release and return such person to confinement in a correctional facility.
8340-For purposes of this subsection, "continuous monitoring for alcohol
8341-consumption" means automatically testing breath, blood or transdermal
8342-alcohol concentration levels and tamper attempts at least once every
8343-hour regardless of the location of the person being monitored.
8344-Sec. 160. Subsection (a) of section 53a-39c of the general statutes is
8345-repealed and the following is substituted in lieu thereof (Effective July 1,
8346-2021):
8347-(a) There is established, within available appropriations, a Senate Bill No. 1201
8348-
8349-June Sp. Sess., Public Act No. 21-1 256 of 303
8350-
8351-community service labor program for persons convicted of a first
8352-violation of section 21a-267, [or] 21a-279 or 21a-279a, who have not
8353-previously been convicted of a violation of section 21a-277 or 21a-278.
8354-Upon application by any such person for participation in such program
8355-the court may grant such application and, upon a plea of guilty without
8356-trial where a term of imprisonment is part of a stated plea agreement,
8357-suspend any sentence of imprisonment and make participation in such
8358-program a condition of probation or conditional discharge in
8359-accordance with section 53a-30. No person may be placed in such
8360-program who has previously been placed in such program.
8361-Sec. 161. Subsection (c) of section 54-56e of the general statutes is
8362-repealed and the following is substituted in lieu thereof (Effective July 1,
8363-2021):
8364-(c) This section shall not be applicable: (1) To any person charged
8365-with (A) a class A felony, (B) a class B felony, except a violation of
8366-subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does
8367-not involve the use, attempted use or threatened use of physical force
8368-against another person, or a violation of subdivision (4) of subsection (a)
8369-of section 53a-122 that does not involve the use, attempted use or
8370-threatened use of physical force against another person and does not
8371-involve a violation by a person who is a public official, as defined in
8372-section 1-110, or a state or municipal employee, as defined in section 1-
8373-110, or (C) a violation of section 53a-70b of the general statutes, revision
8374-of 1958, revised to January 1, 2019, or section 14-227a or 14-227m,
8375-subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2)
8376-of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-
8377-70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-
8378-72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged
8379-with a crime or motor vehicle violation who, as a result of the
8380-commission of such crime or motor vehicle violation, causes the death
8381-of another person, (3) to any person accused of a family violence crime Senate Bill No. 1201
8382-
8383-June Sp. Sess., Public Act No. 21-1 257 of 303
8384-
8385-as defined in section 46b-38a who (A) is eligible for the pretrial family
8386-violence education program established under section 46b-38c, or (B)
8387-has previously had the pretrial family violence education program
8388-invoked in such person's behalf, (4) to any person charged with a
8389-violation of section 21a-267, [or] 21a-279 or 21a-279a, who (A) is eligible
8390-for the pretrial drug education and community service program
8391-established under section 54-56i or the pretrial drug intervention and
8392-community service program established under section 166 of this act, or
8393-(B) has previously had (i) the pretrial drug education program [or] (ii)
8394-the pretrial drug education and community service program established
8395-under the provisions of section 54-56i, or (iii) the pretrial drug
8396-intervention and community service program established under section
8397-166 of this act, invoked on such person's behalf, (5) unless good cause is
8398-shown, to (A) any person charged with a class C felony, or (B) any
8399-person charged with committing a violation of subdivision (1) of
8400-subsection (a) of section 53a-71 while such person was less than four
8401-years older than the other person, (6) to any person charged with a
8402-violation of section 9-359 or 9-359a, (7) to any person charged with a
8403-motor vehicle violation (A) while operating a commercial motor vehicle,
8404-as defined in section 14-1, or (B) who holds a commercial driver's license
8405-or commercial driver's instruction permit at the time of the violation, (8)
8406-to any person charged with a violation of subdivision (6) of subsection
8407-(a) of section 53a-60, or (9) to a health care provider or vendor
8408-participating in the state's Medicaid program charged with a violation
8409-of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123.
8410-Sec. 162. (NEW) (Effective July 1, 2023) Notwithstanding the
8411-provisions of section 13 of this act, any consumer may cultivate up to
8412-three mature cannabis plants and three immature cannabis plants in the
8413-consumer's primary residence, provided such plants are secure from
8414-access by any individual other than the consumer and no more than
8415-twelve cannabis plants may be grown at any given time per household. Senate Bill No. 1201
8416-
8417-June Sp. Sess., Public Act No. 21-1 258 of 303
8418-
8419-Sec. 163. (NEW) (Effective October 1, 2021) Any person twenty-three
8420-years of age or older who sells, delivers or gives cannabis, as defined in
8421-section 1 of this act, to any person under twenty-one years of age, and
8422-who knew or should have known that such person was under twenty-
8423-one years of age, shall be guilty of a class A misdemeanor.
8424-Sec. 164. Subsection (i) of section 54-1m of the general statutes is
8425-repealed and the following is substituted in lieu thereof (Effective from
8426-passage):
8427-(i) The Office of Policy and Management shall, within available
8428-resources, review the prevalence and disposition of traffic stops and
8429-complaints reported pursuant to this section, including any traffic stops
8430-conducted on suspicion of a violation of section 14-227a, 14-227g, 14-
8431-227m or 14-227n. Not later than July 1, 2014, and annually thereafter, the
8432-office shall report the results of any such review, including any
8433-recommendations, to the Governor, the General Assembly and any
8434-other entity deemed appropriate.
8435-Sec. 165. (NEW) (Effective from passage) Not later than January 1, 2022,
8436-the Commissioner of Emergency Services and Public Protection shall
8437-report to the Governor and, in accordance with the provisions of section
8438-11-4a of the general statutes, to the joint standing committees of the
8439-General Assembly having cognizance of matters relating to public safety
8440-and security and transportation, regarding the merits and feasibility of
8441-establishing (1) a phlebotomy program for police departments in the
8442-state, and (2) a facility to train police officers on the symptoms of
8443-cannabis impairment.
8444-Sec. 166. (NEW) (Effective April 1, 2022) (a) (1) There is established a
8445-pretrial drug intervention and community service program for persons
8446-charged with a violation of section 21a-257 of the general statutes, 21a-
8447-267 of the general statutes, 21a-279 of the general statutes or 21a-279a of
8448-the general statutes. The program shall consist of a twelve-session drug Senate Bill No. 1201
8449-
8450-June Sp. Sess., Public Act No. 21-1 259 of 303
8451-
8452-education component or a substance use treatment program of not less
8453-than fifteen sessions, and the performance of community service as
8454-ordered by the court pursuant to subsection (c) of this section.
8455-(2) The provisions of this section shall not apply to any person who
8456-has twice previously participated in: (A) The pretrial drug education
8457-program established under the provisions of section 54-56i of the
8458-general statutes; (B) the community service labor program established
8459-under section 53a-39c of the general statutes; (C) the pretrial drug
8460-intervention and community service program established under this
8461-section; or (D) any of such programs, except that the court may allow a
8462-person who has twice previously participated in such programs to
8463-participate in the program established under this section one additional
8464-time, for good cause shown.
8465-(b) Upon application for participation in the program:
8466-(1) The court shall, but only as to the public, order the court file
8467-sealed;
8468-(2) The applicant shall pay to the court a nonrefundable application
8469-fee of one hundred dollars and a nonrefundable evaluation fee of one
8470-hundred fifty dollars, both of which shall be credited to the pretrial
8471-account established under section 54-56k of the general statutes;
8472-(3) The applicant shall agree that, if the court grants the application
8473-and places the applicant in the program:
8474-(A) The statute of limitations for any alleged violations for which the
8475-court grants the application for the program shall be tolled;
8476-(B) The applicant waives the right to a speedy trial;
8477-(C) The applicant will begin participation in the components of the
8478-program ordered by the court not later than ninety days after the date Senate Bill No. 1201
8479-
8480-June Sp. Sess., Public Act No. 21-1 260 of 303
8481-
8482-that the Court Support Services Division directs the applicant to attend
8483-such components pursuant to subsection (d) of this section, unless the
8484-applicant requests a later start date, and the division determines that a
8485-later start date is appropriate;
8486-(D) The applicant will successfully complete any components of the
8487-program ordered by the court;
8488-(E) The applicant will not engage in any conduct that would
8489-constitute a violation of section 21a-257 of the general statutes, 21a-267
8490-of the general statutes, 21a-279 of the general statutes or 21a-279a of the
8491-general statutes; and
8492-(F) To satisfactorily complete the program, the applicant may be
8493-required to participate in additional substance use treatment after
8494-completing the drug education or substance use treatment component
8495-of the program that the Court Support Services Division directs the
8496-applicant to attend pursuant to subsection (d) of this section, if a
8497-program component provider recommends such additional treatment
8498-and the division deems it appropriate, pursuant to subdivision (3) of
8499-subsection (h) of this section, or the court orders the additional
8500-treatment.
8501-(c) (1) The court, after consideration of the recommendation of the
8502-state's attorney, assistant state's attorney or deputy assistant state's
8503-attorney in charge of the case, may, in its discretion, grant the
8504-application for, and place the applicant in, the pretrial drug intervention
8505-and community service program for a period of one year, subject to
8506-confirmation of the applicant's eligibility to participate in the program.
8507-(2) If the court grants the application and places the applicant in the
8508-program, the court shall refer the person placed in the program to the
8509-Court Support Services Division for confirmation of eligibility to
8510-participate in the program, and: Senate Bill No. 1201
8511-
8512-June Sp. Sess., Public Act No. 21-1 261 of 303
8513-
8514-(A) If the division confirms that such person is eligible for the
8515-program:
8516-(i) Direct the division to refer the applicant to the Department of
8517-Mental Health and Addiction Services for evaluation and determination
8518-of the appropriate drug education or substance use treatment
8519-component of the program, if the court has granted the applicant's
8520-participation in the program established under the provisions of this
8521-section or the community service labor program established under
8522-section 53a-39c of the general statutes for the first or second time;
8523-(ii) Direct the division to refer the applicant to a state-licensed
8524-substance use treatment provider for evaluation and determination of
8525-the appropriate substance use treatment component of the program, if
8526-the court has granted the applicant's participation in the program
8527-established under the provisions of this section or the community
8528-service labor program established under section 53a-39c of the general
8529-statutes for the third time; or
8530-(iii) If the applicant is a veteran, may direct the division to refer the
8531-applicant to the Department of Veterans Affairs or the United States
8532-Department of Veterans Affairs for evaluation and determination of the
8533-appropriate drug education or substance use treatment component of
8534-the program; or
8535-(B) If the division determines that such person is not eligible for the
8536-program, to inform the court of such determination and return such
8537-person's case to court for further proceedings.
8538-(3) When granting an application and placing an applicant in the
8539-program:
8540-(A) For the first time, the court shall order the applicant to participate
8541-in (i) either the drug education or substance use treatment component
8542-of the program recommended by the evaluation conducted pursuant to Senate Bill No. 1201
8543-
8544-June Sp. Sess., Public Act No. 21-1 262 of 303
8545-
8546-subparagraph (A)(i) of subdivision (2) of this subsection; and (ii) the
8547-community service component of the program for a period of five days;
8548-(B) For the second time, the court shall order the applicant to
8549-participate in (i) either the drug education or substance use treatment
8550-component of the program recommended by the evaluation conducted
8551-pursuant to subparagraph (A) of subdivision (2) of this subsection; and
8552-(ii) the community service component of the program for a period of
8553-fifteen days; or
8554-(C) For the third time, the court shall order the applicant to
8555-participate in (i) the substance use treatment component recommended
8556-by the evaluation conducted pursuant to subparagraph (A) of
8557-subdivision (2) of this subsection; and (ii) the community service
8558-component of the program for a period of thirty days.
8559-(d) (1) Except as provided in subdivisions (2) and (4) of this
8560-subsection, upon receipt of the evaluation of any person placed in the
8561-program conducted pursuant to subparagraph (A) of subdivision (2) of
8562-subsection (c) of this section, the Court Support Services Division shall
8563-(A) refer such person to the Department of Mental Health and Addiction
8564-Services or to a state-licensed substance use treatment provider with
8565-facilities that are in compliance with all state standards governing the
8566-operation of such facilities, as appropriate, for the purpose of receiving
8567-the drug education or substance use treatment component services
8568-recommended by such evaluation; and (B) direct such person to attend
8569-the recommended drug education or substance use treatment
8570-component within ninety days after referral unless the division
8571-determines that a later start date is appropriate.
8572-(2) If any person placed in the program is a veteran, the division (A)
8573-may refer such person to the Department of Veterans Affairs or the
8574-United States Department of Veterans Affairs for the applicable drug
8575-education or substance use treatment component recommended by the Senate Bill No. 1201
8576-
8577-June Sp. Sess., Public Act No. 21-1 263 of 303
8578-
8579-evaluation conducted pursuant to subparagraph (A) of subdivision (2)
8580-of subsection (c) of this section if: (i) the division determines that
8581-services for such component will be provided in a timely manner under
8582-standards substantially similar to, or higher than, the standards for
8583-services provided by the Department of Mental Health and Addiction
8584-Services or a state-licensed substance use treatment provider, and (ii)
8585-the applicable department agrees to submit timely component
8586-participation and completion reports to the division in the manner
8587-required by the division; and (B) shall direct such person to attend the
8588-recommended drug education or substance use treatment component
8589-within ninety days unless the division determines that a later start date
8590-is appropriate.
8591-(3) The division shall direct such person to attend the applicable
8592-community service component ordered by the court, and shall supervise
8593-such person's participation in such community service component.
8594-(4) The division may allow any person placed in the program whose
8595-employment, residence or education makes it unreasonable to
8596-participate in any component of the program ordered by the court in
8597-this state to participate in the applicable program components in
8598-another state if:
8599-(A) The out-of-state component provider has standards substantially
8600-similar to, or higher than, those of this state;
8601-(B) For any substance use treatment component, the out-of-state
8602-substance use treatment provider is licensed by the state in which
8603-treatment will be provided; and
8604-(C) The person allowed to participate in any of the components of the
8605-program in another state pays the applicable program fee and
8606-participation costs provided in this section.
8607-(5) If the division determines that any person placed in the program Senate Bill No. 1201
8608-
8609-June Sp. Sess., Public Act No. 21-1 264 of 303
8610-
8611-has either failed to comply with the requirements of any component of
8612-the program in which the court has ordered such person to participate,
8613-or engaged in any conduct that constitutes a violation of section 21a-257
8614-of the general statutes, 21a-267 of the general statutes, 21a-279 of the
8615-general statutes or 21a-279a of the general statutes, the division shall
8616-inform the court and return such person's case to court for further
8617-proceedings.
8618-(e) (1) At the time that the Court Support Services Division directs
8619-any person to attend any component of the program, such person shall
8620-(A) if directed to attend the drug education component, pay to the court
8621-a nonrefundable program fee of four hundred dollars, or (B) if directed
8622-to attend the substance use treatment component, pay to the court a
8623-nonrefundable program fee of one hundred dollars and pay to the
8624-treatment provider any costs associated with such treatment. All
8625-program fees shall be credited to the pretrial account established under
8626-section 54-56k of the general statutes.
8627-(2) (A) No person may be excluded from any component of the
8628-program because such person is indigent and unable to pay the
8629-associated fee or costs, provided (i) such person files with the court an
8630-affidavit of indigency and the court enters a finding of such indigency,
8631-or (ii) such person has been determined indigent and eligible for
8632-representation by a public defender who has been appointed on behalf
8633-of such person pursuant to section 51-296 of the general statutes. The
8634-court shall not require a person to perform community service in lieu of
8635-payment of any fee or cost, if such fee or cost is waived.
8636-(B) If the court finds that a person is indigent and unable to pay for
8637-the program application or the evaluation fee for the program, the court
8638-may waive all or any portion of these fees.
8639-(C) If the court finds that a person is indigent and unable to pay for
8640-the drug education component of the program, the court may waive all Senate Bill No. 1201
8641-
8642-June Sp. Sess., Public Act No. 21-1 265 of 303
8643-
8644-or any portion of the program fee for that component, provided that
8645-such person participates in such drug education services offered by a
8646-provider located in this state.
8647-(D) If the court finds that a person is indigent and unable to pay for
8648-the substance use treatment component of the program, the court may
8649-waive all or any portion of the program fee for that component and the
8650-costs of such treatment, provided that such person participates in such
8651-treatment at a substance use treatment provider licensed by and located
8652-in this state. Any costs waived under this subparagraph shall be paid by
8653-the Department of Mental Health and Addiction Services.
8654-(E) Notwithstanding any provision of this section, in no event shall
8655-the Department of Mental Health and Addiction Services pay any costs
8656-associated with education or substance use treatment provided outside
8657-of this state.
8658-(f) (1) If the Court Support Services Division returns to court the case
8659-of any person placed in the program whom the division has determined
8660-is not eligible for the program, and the court finds that such person is
8661-not eligible to participate in the program, the court shall revoke such
8662-person's placement in the program.
8663-(2) If the Court Support Services Division returns to court the case of
8664-any person placed in the program whom the division has learned has
8665-failed to comply with requirements of any component of the program in
8666-which the court has ordered such person to participate, or engaged in
8667-any conduct that constitutes a violation of section 21a-257 of the general
8668-statutes, 21a-267 of the general statutes, 21a-279 of the general statutes
8669-or 21a-279a of the general statutes, and the court finds that such person
8670-is no longer eligible to continue participating in the program, the court
8671-shall terminate such person's participation in the program.
8672-(3) If the court revokes any person's placement in the program or Senate Bill No. 1201
8673-
8674-June Sp. Sess., Public Act No. 21-1 266 of 303
8675-
8676-terminates any person's participation in the program, the court shall
8677-order the court file to be unsealed, enter a plea of not guilty for such
8678-person, and immediately place the case on the trial list, unless such
8679-person is eligible for, such person requests and the court grants such
8680-person reinstatement into the program pursuant to subsection (k) of this
8681-section.
8682-(4) (A) If the court revokes any person's placement in the program,
8683-such person shall not be required to pay any program fee or
8684-participation costs specified in subsection (e) of this section.
8685-(B) If the court terminates any person's participation in the program,
8686-no program fees or substance use treatment costs imposed pursuant to
8687-subsection (e) of this section shall be refunded.
8688-(g) The Department of Mental Health and Addiction Services shall
8689-administer the drug education component of the program and shall
8690-adopt regulations, in accordance with the provisions of chapter 54 of the
8691-general statutes, to establish standards for such drug education
8692-component. The department may contract with service providers to
8693-provide the appropriate drug education component in accordance with
8694-the provisions of this section. The department may combine the services
8695-for the drug education component of the program under the provisions
8696-of this section with the services for the alcohol education component of
8697-the impaired driving intervention program under the provisions of
8698-section 167 of this act, if necessary to ensure the appropriate and timely
8699-access to court ordered education components. Participation by a person
8700-in any combined drug and alcohol education services provided by the
8701-department for the drug education component of the program under the
8702-provisions of this section shall not be deemed participation in, nor shall
8703-affect such person's eligibility for, the impaired driving intervention
8704-program under the provisions of section 167 of this act.
8705-(h) (1) All program component providers shall provide the Court Senate Bill No. 1201
8706-
8707-June Sp. Sess., Public Act No. 21-1 267 of 303
8708-
8709-Support Services Division with a certification regarding the
8710-participation of each person referred to such provider pursuant to this
8711-section in the manner required by the division. (A) If such person has
8712-successfully completed the applicable program component, the
8713-certification shall indicate such successful completion and state whether
8714-additional substance use treatment is recommended. (B) If such person
8715-has failed to successfully complete the applicable program component,
8716-the certification shall indicate the reasons for such failure, whether the
8717-person is no longer amenable to education or treatment, and whether
8718-the current referral was an initial referral under subsection (d) of this
8719-section or a reinstatement under subsection (k) of this section for the
8720-program component. The certification of failure shall also, to the extent
8721-practicable, include a recommendation as to whether an alternative
8722-drug education or substance use treatment component would best serve
8723-such person's needs.
8724-(2) Except as provided in subdivision (3) of this subsection, upon
8725-receipt of a participation certification from any program component
8726-provider pursuant to this subsection, the Court Support Services
8727-Division shall provide the court with a final progress report indicating
8728-whether such person has successfully completed any components of the
8729-program ordered by the court, whether the division required such
8730-person to participate in any additional substance use treatment in
8731-accordance with subdivision (3) of this subsection and whether such
8732-person successfully completed any such additional substance use
8733-treatment. The final progress report shall also include any other
8734-information the division obtained during the supervision of such person
8735-relevant to such person's participation in the program, including
8736-whether the results of a criminal history record check, which the
8737-division shall complete prior to the submission of the final progress
8738-report, reveals that such person has engaged in any conduct that
8739-constitutes a violation of section 21a-257 of the general statutes, 21a-267
8740-of the general statutes, 21a-279 of the general statutes or 21a-279a of the Senate Bill No. 1201
8741-
8742-June Sp. Sess., Public Act No. 21-1 268 of 303
8743-
8744-general statutes, during such person's period of participation in the
8745-program.
8746-(3) If a participation certification indicates that a person who was
8747-placed in the program successfully completed the drug education or
8748-substance use treatment component ordered by the court, but the
8749-program component provider recommends additional substance use
8750-treatment for such person, the Court Support Services Division may, if
8751-it deems such additional treatment appropriate, require such person to
8752-participate in the recommended additional substance use treatment in
8753-order to satisfactorily complete the pretrial drug intervention and
8754-community service program. If the division requires such additional
8755-substance use treatment, the division shall provide the court with a final
8756-progress report in accordance with subdivision (2) of this subsection
8757-upon receipt of the participation certification from the substance use
8758-treatment provider for such additional treatment.
8759-(i) (1) If any person successfully completes all components of the
8760-program ordered by the court and any additional substance use
8761-treatment required by the Court Support Services Division, such person
8762-may apply for dismissal of the charges against such person at the
8763-conclusion of such person's period of participation in the program.
8764-Upon application, the court shall review the final progress report
8765-submitted by the division regarding such person and any other relevant
8766-information. If the court finds that such person has satisfactorily
8767-completed the pretrial drug intervention and community service
8768-program, the court shall dismiss the charges.
8769-(2) If any person who has successfully completed all components of
8770-the program ordered by the court and any additional substance use
8771-treatment required by the Court Support Services Division does not
8772-apply for dismissal of the charges against such person at the conclusion
8773-of such person's period of participation in the program, the court may,
8774-upon its own motion, review of the final progress report regarding such Senate Bill No. 1201
8775-
8776-June Sp. Sess., Public Act No. 21-1 269 of 303
8777-
8778-person submitted by the division and any other relevant information. If
8779-the court finds that such person has satisfactorily completed the pretrial
8780-drug intervention and community service program, the court shall
8781-dismiss the charges.
8782-(3) Upon the motion of any person placed in the program and a
8783-showing of good cause, the court may extend the program placement
8784-period for a reasonable period of time to allow such person to complete
8785-the applicable program components.
8786-(j) If, upon review of the final progress report submitted by the Court
8787-Support Services Division or any other relevant information, the court
8788-finds that any person placed in the program has failed to successfully
8789-complete any component of the program ordered by the court, is no
8790-longer amenable to treatment or is otherwise ineligible to continue
8791-participating in the program, the court shall terminate such person's
8792-participation in the program. No program fees or substance use
8793-treatment costs imposed pursuant to subsection (e) of this section shall
8794-be refunded to any person whose participation in the program is
8795-terminated. Unless such person requests, and the court grants,
8796-reinstatement into the program pursuant to subsection (k) of this
8797-section, the court shall order the court file of any person whose
8798-participation in the program is terminated to be unsealed, enter a plea
8799-of not guilty for such person and immediately place the case on the trial
8800-list.
8801-(k) (1) Any person whose participation in the program is terminated
8802-may ask the court to reinstate such person into the program up to two
8803-times. If a person requests reinstatement into the program, the Court
8804-Support Services Division shall verify that such person is eligible for
8805-such reinstatement. If a person requesting reinstatement into the
8806-program is eligible for reinstatement, the court may, in its discretion,
8807-grant such person reinstatement into the program. When granting such
8808-reinstatement, the court shall order the person to participate in an Senate Bill No. 1201
8809-
8810-June Sp. Sess., Public Act No. 21-1 270 of 303
8811-
8812-appropriate drug education, substance use treatment or community
8813-service component of the program.
8814-(2) Any person reinstated into the program shall (A) if ordered to
8815-participate in the drug education component of the program, pay to the
8816-court a nonrefundable program fee of two hundred fifty dollars, which
8817-shall be credited to the pretrial account established under section 54-56k
8818-of the general statutes, or (B) if ordered to participate in the substance
8819-use treatment component of the program, pay the costs of any substance
8820-use treatment. The court shall not waive the program fee or the costs of
8821-substance use treatment associated with reinstatement into the program
8822-unless such person is found eligible to have such fee or costs waived
8823-under subdivision (2) of subsection (e) of this section and such person
8824-participates in the applicable drug education at a service provider
8825-located in this state or substance use treatment at a substance use
8826-treatment provider licensed by and located in this state.
8827-(l) (1) If any person applies for both the pretrial drug intervention and
8828-community service program under the provisions of this section and the
8829-pretrial impaired driving intervention program pursuant to section 167
8830-of this act, for charges arising from the same arrest, and the Department
8831-of Mental Health and Addiction Services has already completed the
8832-required evaluation and determination of the appropriate alcohol
8833-education or substance use treatment component pursuant to section
8834-167 of this act, the court and the Court Support Services Division may
8835-rely on such evaluation and determination for the purposes of ordering
8836-participation and directing attendance in the drug education or
8837-substance use treatment component of the program under the
8838-provisions of this section. If the court and the division rely on such
8839-evaluation and determination, such person shall not be required to pay
8840-the evaluation fee under the provisions of subdivision (2) of subsection
8841-(b) of this section, provided that such person has paid, or the court has
8842-waived, the evaluation fee pursuant to section 167 of this act. Senate Bill No. 1201
8843-
8844-June Sp. Sess., Public Act No. 21-1 271 of 303
8845-
8846-(2) If any person is placed in both the pretrial drug intervention and
8847-community service program under the provisions of this section and the
8848-pretrial impaired driving intervention program under section 167 of this
8849-act, for charges arising from the same arrest, the court may find that:
8850-(A) Such person's successful completion of the alcohol education
8851-component of the pretrial impaired driving intervention program
8852-pursuant to section 167 of this act, satisfies such person's required
8853-participation in the drug education component of the pretrial drug
8854-intervention and community service program under the provisions of
8855-this section; or
8856-(B) Such person's successful completion of the substance use
8857-treatment component of the pretrial impaired driving intervention
8858-program under section 167 of this act, satisfies such person's required
8859-participation in the substance use treatment component of the pretrial
8860-drug intervention and community service program under the
8861-provisions of this section.
8862-(3) Nothing in this subsection shall relieve any person placed in both
8863-the pretrial drug intervention and community service program
8864-pursuant to this section and the pretrial impaired driving intervention
8865-program pursuant to section 167 of this act, for charges arising from the
8866-same arrest, from the requirement to participate in the:
8867-(A) Community service component of the pretrial drug intervention
8868-and community service program under the provisions of this section, in
8869-order to satisfactorily complete the pretrial drug intervention and
8870-community service program, or
8871-(B) Victim impact component of the pretrial impaired driving
8872-intervention program, if ordered by the court pursuant to section 167 of
8873-this act, in order to satisfactorily complete the pretrial impaired driving
8874-intervention program. Senate Bill No. 1201
8875-
8876-June Sp. Sess., Public Act No. 21-1 272 of 303
8877-
8878-(m) The Court Support Services Division shall retain a record of
8879-participation in the pretrial drug intervention and community service
8880-program for a period of ten years from the date the court grants the
8881-application for, and places the applicant in, the program pursuant to the
8882-provisions of this section.
8883-(n) For purposes of this section, "veteran" has the same meaning as
8884-provided in subdivision (2) of subsection (a) of section 27-103 of the
8885-general statutes.
8886-Sec. 167. (NEW) (Effective April 1, 2022) (a) (1) There is established a
8887-pretrial impaired driving intervention program for persons charged
8888-with a violation of section 14-227a of the general statutes, section 14-
8889-227g of the general statutes, section 14-227m of the general statutes,
8890-section 14-227n of the general statutes, subsection (d) of section 15-133
8891-of the general statutes or section 15-140n of the general statutes. The
8892-program shall consist of a twelve-session alcohol education component
8893-or a substance use treatment component of not less than fifteen sessions,
8894-and may also include a victim impact component, as ordered by the
8895-court pursuant to subsection (d) of this section.
8896-(2) The provisions of this section shall not apply to any person:
8897-(A) Who has been placed in the pretrial impaired driving intervention
8898-program under this section or the pretrial alcohol education program
8899-established under section 54-56g of the general statutes, within ten years
8900-immediately preceding the application;
8901-(B) Who has been convicted of a violation of section 14-227a of the
8902-general statutes, section 14-227g of the general statutes, section 14-227m
8903-of the general statutes, section 14-227n of the general statutes, section
8904-15-132a of the general statutes, subsection (d) of section 15-133 of the
8905-general statutes, section 15-140l of the general statutes, section 15-140n
8906-of the general statutes, section 53a-56b of the general statutes or section Senate Bill No. 1201
8907-
8908-June Sp. Sess., Public Act No. 21-1 273 of 303
8909-
8910-53a-60d of the general statutes;
8911-(C) Who has been convicted in any other state at any time of an
8912-offense the essential elements of which are substantially the same as any
8913-statutory provision set forth in subparagraph (B) of this subdivision;
8914-(D) Who is charged with a violation of section 14-227a of the general
8915-statutes, 14-227g of the general statutes, 14-227m of the general statutes
8916-or 14-227n of the general statutes (i) and held a commercial driver's
8917-license or commercial driver's instruction permit at the time of the
8918-violation; or (ii) while operating a commercial motor vehicle, as defined
8919-in section 14-1 of the general statutes; or
8920-(3) Whose alleged violation caused the serious physical injury, as
8921-defined in section 53a-3 of the general statutes, of another person, unless
8922-good cause is shown.
8923-(b) Upon application for participation in the program:
8924-(1) The court shall, but only as to the public, order the court file
8925-sealed;
8926-(2) The applicant shall pay to the court a nonrefundable application
8927-fee of one hundred dollars, which shall be credited to the Criminal
8928-Injuries Compensation Fund established under section 54-215 of the
8929-general statutes, and a nonrefundable evaluation fee of one hundred
8930-fifty dollars, which shall be credited to the pretrial account established
8931-under section 54-56k of the general statutes;
8932-(3) The applicant shall agree that, if the court grants the application
8933-and places the applicant in the program:
8934-(A) The statute of limitations for any alleged violations for which the
8935-court grants the application for the program shall be tolled;
8936-(B) The applicant waives the right to a speedy trial; Senate Bill No. 1201
8937-
8938-June Sp. Sess., Public Act No. 21-1 274 of 303
8939-
8940-(C) The applicant will begin participation in the components of the
8941-program ordered by the court not later than ninety days after the date
8942-that the Court Support Services Division directs the applicant to attend
8943-such components pursuant to subsection (e) of this section, unless the
8944-applicant requests a later start date and the division determines that a
8945-later start date is appropriate;
8946-(D) The applicant will successfully complete any components of the
8947-program ordered by the court;
8948-(E) The applicant will not engage in any conduct that would
8949-constitute a violation of (i) any statutory provision set forth in
8950-subparagraph (B) of subdivision (2) of subsection (a) of this section; or
8951-(ii) any statutory provision in any other state the essential elements of
8952-which are substantially the same as any statutory provision set forth in
8953-subparagraph (B) of subdivision (2) of subsection (a) of this section;
8954-(F) To satisfactorily complete the program, the applicant may be
8955-required to participate in additional substance use treatment after
8956-completing the alcohol education or substance use treatment
8957-component of the program that the Court Support Services Division
8958-directs the applicant to attend pursuant to subsection (e) of this section,
8959-if a program component provider recommends such additional
8960-treatment and the division deems it appropriate pursuant to subdivision
8961-(3) of subsection (j) of this section, or the court orders the additional
8962-treatment.
8963-(c) (1) Immediately following application, the applicant shall send
8964-notice, by registered or certified mail on a form prescribed by the Office
8965-of the Chief Court Administrator, to any victim who sustained a serious
8966-physical injury, as defined in section 53a-3 of the general statutes, as a
8967-result of the applicant's alleged violation. The notice shall inform each
8968-such victim that the applicant has applied to participate in the pretrial
8969-impaired driving intervention program and that the victim has an Senate Bill No. 1201
8970-
8971-June Sp. Sess., Public Act No. 21-1 275 of 303
8972-
8973-opportunity to be heard by the court on the application. The court shall
8974-provide each such victim an opportunity to be heard prior to granting
8975-an application under this section.
8976-(2) If the court determines that any person not entitled to notice
8977-pursuant to subdivision (1) of this subsection should be provided an
8978-opportunity to be heard on the application, the court may also require
8979-the defendant or the state's attorney, assistant state's attorney or deputy
8980-assistant state's attorney in charge of the case to send notice of the
8981-application to any such person.
8982-(d) (1) The court, after consideration of the recommendation of the
8983-state's attorney, assistant state's attorney or deputy assistant state's
8984-attorney in charge of the case, and the statement of any victim and any
8985-other person required to be notified pursuant to subsection (c) of this
8986-section, may, in its discretion, grant the application for, and place the
8987-applicant in, the pretrial impaired driving intervention program for a
8988-period of one year, subject to confirmation of the applicant's eligibility
8989-to participate in the program.
8990-(2) If the court grants the application and places the applicant in the
8991-program, the court shall: (A) Refer the person placed in the program to
8992-the Court Support Services Division for confirmation of eligibility to
8993-participate in the program; and (B) direct the division, (i) if it confirms
8994-that such person is eligible for the program, to refer such person to the
8995-Department of Mental Health and Addiction Services for evaluation and
8996-determination of the appropriate alcohol education or substance use
8997-treatment component of the program; or (ii) if it determines that such
8998-person is not eligible for the program, to inform the court of such
8999-determination and return such person's case to the court for further
9000-proceedings.
9001-(3) When granting an application and placing an applicant in the
9002-program, the court (A) shall order the applicant to participate in the Senate Bill No. 1201
9003-
9004-June Sp. Sess., Public Act No. 21-1 276 of 303
9005-
9006-alcohol education or substance use treatment component of the program
9007-recommended by the evaluation conducted pursuant to subparagraph
9008-(B)(i) of subdivision (2) of this subsection, and (B) may also order the
9009-applicant to participate in a victim impact component for which the
9010-applicant must attend a victim impact panel provided by an
9011-organization approved by the Court Support Services Division pursuant
9012-to subsection (h) of this section.
9013-(e) (1) Except as provided in subdivision (3) of this subsection, upon
9014-receipt of the evaluation of any person placed in the program conducted
9015-pursuant to subparagraph (B)(i) of subdivision (2) of subsection (d) of
9016-this section, the Court Support Services Division shall (A) refer such
9017-person to the Department of Mental Health and Addiction Services or
9018-to a state-licensed substance use treatment provider with facilities that
9019-are in compliance with all state standards governing the operation of
9020-such facilities, as appropriate, for the purpose of receiving the alcohol
9021-education or substance use treatment component services
9022-recommended by such evaluation; and (B) direct such person to attend
9023-the recommended alcohol education or substance use treatment
9024-component within ninety days unless the division determines that a
9025-later start date is appropriate. In making the determination of whether
9026-a later start date is appropriate, the division may consider any relevant
9027-factors, including, but not limited to, the date upon which the
9028-suspension of such person's motor vehicle operator's license pursuant
9029-to section 14-227b of the general statutes will expire.
9030-(2) If the court has ordered any person placed in the program to
9031-participate in a victim impact component, the division shall (A) refer
9032-such person to an organization approved to conduct victim impact
9033-panels in accordance with subsection (h) of this section; and (B) direct
9034-such person to attend an appropriate victim impact panel.
9035-(3) The division may allow any person placed in the program whose
9036-employment, residence, or education makes it unreasonable to Senate Bill No. 1201
9037-
9038-June Sp. Sess., Public Act No. 21-1 277 of 303
9039-
9040-participate in any component of the program ordered by the court in
9041-this state to participate in the applicable program components in
9042-another state if:
9043-(A) The out-of-state component provider has standards substantially
9044-similar to, or higher than, those of this state;
9045-(B) For any substance use treatment component, the out-of-state
9046-substance use treatment provider is licensed by the state in which
9047-treatment will be provided; and
9048-(C) The person allowed to participate in any components of the
9049-program in another state pays the applicable program fee and
9050-participation costs provided in this section.
9051-(4) If the division determines that any person placed in the program
9052-has either failed to comply with requirements of any component of the
9053-program in which the court has ordered such person to participate, or
9054-engaged in any conduct that constitutes a violation of (A) any statutory
9055-provision set forth in subparagraph (B) of subdivision (2) of subsection
9056-(a) of this section; or (B) any statutory provision in any other state the
9057-essential elements of which are substantially the same as any statutory
9058-provision set forth in subparagraph (B) of subdivision (2) of subsection
9059-(a) of this section, the division shall inform the court and return such
9060-person's case to court for further proceedings.
9061-(f) (1) At the time that the Court Support Services Division directs any
9062-person to attend any component of the program, such person shall (A)
9063-if directed to attend the alcohol education component, pay to the court
9064-a nonrefundable program fee of four hundred dollars, or (B) if directed
9065-to attend the substance use treatment component, pay to the court a
9066-nonrefundable program fee of one hundred dollars and pay to the
9067-treatment provider any costs associated with such treatment. All
9068-program fees shall be credited to the pretrial account established under Senate Bill No. 1201
9069-
9070-June Sp. Sess., Public Act No. 21-1 278 of 303
9071-
9072-section 54-56k of the general statutes.
9073-(2) Any person directed to attend the victim impact component shall,
9074-at the time such person attends the victim impact panel, pay the
9075-organization conducting the victim impact panel the participation fee
9076-required by such organization.
9077-(3) (A) No person may be excluded from any component of the
9078-program because such person is indigent and unable to pay the
9079-associated fee or costs, provided (i) such person files with the court an
9080-affidavit of indigency and the court enters a finding of such indigency,
9081-or (ii) such person has been determined indigent and eligible for
9082-representation by a public defender who has been appointed on behalf
9083-of such person pursuant to section 51-296 of the general statutes. The
9084-court shall not require a person to perform community service in lieu of
9085-payment of any fee or cost, if such fee or cost is waived.
9086-(B) If the court finds that a person is indigent and unable to pay for
9087-the program application or evaluation fee for the program, the court
9088-may waive all or any portion of these fees.
9089-(C) If the court finds that a person is indigent and unable to pay for
9090-the alcohol education component of the program, the court may waive
9091-all or any portion of the program fee for that component, provided that
9092-such person participates in alcohol education services offered by a
9093-provider located in this state.
9094-(D) If the court finds that a person is indigent and unable to pay for
9095-the substance use treatment component of the program, the court may
9096-waive all or any portion of the program fee for that component and the
9097-costs of such treatment, provided that such person participates in such
9098-treatment at a substance use treatment provider licensed by and located
9099-in this state. Any costs waived under this subparagraph shall be paid by
9100-the Department of Mental Health and Addiction Services. Senate Bill No. 1201
9101-
9102-June Sp. Sess., Public Act No. 21-1 279 of 303
9103-
9104-(E) Notwithstanding any provision of this section, in no event shall
9105-the Department of Mental Health and Addiction Services pay any fees
9106-or costs associated with education or substance use treatment provided
9107-outside of this state.
9108-(g) (1) If the Court Support Services Division returns to court the case
9109-of any person placed in the program whom the division has determined
9110-is not eligible for the program, and the court finds that such person is
9111-not eligible to participate in the program, the court shall revoke such
9112-person's placement in the program.
9113-(2) If the Court Support Services Division returns to court the case of
9114-any person placed in the program whom the division has learned has
9115-failed to comply with requirements of any component of the program in
9116-which the court has ordered such person to participate, or engaged in
9117-any conduct that constitutes a violation of (A) any statutory provision
9118-set forth in subparagraph (B) of subdivision (2) of subsection (a) of this
9119-section; or (B) any statutory provision in any other state the essential
9120-elements of which are substantially the same as any statutory provision
9121-set forth in subparagraph (B) of subdivision (2) of subsection (a) of this
9122-section, and the court finds that such person is no longer eligible to
9123-continue participating in the program, the court shall terminate such
9124-person's participation in the program.
9125-(3) If the court revokes any person's placement in the program or
9126-terminates any person's participation in the program, the court shall
9127-order the court file to be unsealed, enter a plea of not guilty for such
9128-person, and immediately place the case on the trial list unless such
9129-person is eligible for, such person requests and the court grants such
9130-person reinstatement into the program pursuant to subsection (m) of
9131-this section.
9132-(4) (A) If the court revokes any person's placement in the program,
9133-such person shall not be required to pay any program fee or Senate Bill No. 1201
9134-
9135-June Sp. Sess., Public Act No. 21-1 280 of 303
9136-
9137-participation costs specified in subsection (f) of this section.
9138-(B) If the court terminates any person's participation in the program,
9139-no program fees or substance use treatment costs imposed pursuant to
9140-subsection (f) of this section shall be refunded.
9141-(h) The Court Support Services Division shall approve a nonprofit
9142-organization that advocates on behalf of victims of accidents caused by
9143-persons who operated a motor vehicle while under the influence of
9144-intoxicating liquor or drugs, or both, to provide victim impact panels for
9145-the victim impact component of the program. Victim impact panels shall
9146-provide a non-confrontational forum for the victims of alcohol-related
9147-or drug-related offenses and offenders to share experiences of the
9148-impact of alcohol-related or drug-related incidents in their lives. Such
9149-organization may assess a participation fee of not more than seventy-
9150-five dollars per panel on any person ordered to participate in the victim
9151-impact component of the program, provided that such organization
9152-offers a hardship waiver of the participation fee when it determines that
9153-the imposition of the fee would pose an economic hardship for such
9154-person.
9155-(i) The Department of Mental Health and Addiction Services shall
9156-administer the alcohol education component of the program and shall
9157-adopt regulations, in accordance with chapter 54 of the general statutes,
9158-to establish standards for such alcohol education component. The
9159-department may contract with service providers to provide the
9160-appropriate alcohol education component in accordance with the
9161-provisions of this section. The department may combine the services for
9162-the alcohol education component of the program under the provisions
9163-of this section with the services for the drug education component of the
9164-drug intervention and community service program under section 166 of
9165-this act, if necessary to ensure the appropriate and timely access to court
9166-ordered education components. Participation by a person in any
9167-combined alcohol and drug education services provided by the Senate Bill No. 1201
9168-
9169-June Sp. Sess., Public Act No. 21-1 281 of 303
9170-
9171-department for the alcohol education component of the program under
9172-the provisions of this section shall not be deemed participation in, nor
9173-shall affect such person's eligibility for, the drug intervention and
9174-community service program under the provisions of section 166 of this
9175-act.
9176-(j) (1) All program component providers shall provide the Court
9177-Support Services Division with a certification regarding the
9178-participation of each person referred to such provider pursuant to this
9179-section in the manner required by the division. (A) If such person has
9180-successfully completed the applicable program component, the
9181-certification shall indicate such successful completion and state whether
9182-additional substance use treatment is recommended. (B) If such person
9183-has failed to successfully complete the applicable program component,
9184-the certification shall indicate the reasons for such failure, whether the
9185-person is no longer amenable to education or treatment and whether the
9186-current referral was an initial referral under subsection (e) of this section
9187-or a reinstatement under subsection (m) of this section for the program
9188-component. The certification of failure shall also, to the extent
9189-practicable, include a recommendation as to whether an alternative
9190-alcohol education or substance use treatment component would best
9191-serve such person's needs.
9192-(2) Except as provided in subdivision (3) of this subsection, upon
9193-receipt of a participation certification from any program component
9194-provider pursuant to this subsection, the Court Support Services
9195-Division shall provide the court with a final progress report indicating
9196-whether such person has successfully completed any components of the
9197-program ordered by the court, whether the division required such
9198-person to participate in any additional substance use treatment in
9199-accordance with subdivision (3) of this subsection and whether such
9200-person successfully completed any such additional substance use
9201-treatment. The final progress report shall also include any other Senate Bill No. 1201
9202-
9203-June Sp. Sess., Public Act No. 21-1 282 of 303
9204-
9205-information the division obtained during the supervision of such person
9206-relevant to such person's participation in the program, including
9207-whether the results of a criminal history record check, which the
9208-division shall complete prior to the submission of the final progress
9209-report, reveals that such person has engaged in any conduct that
9210-constitutes a violation of (A) any statutory provision set forth in
9211-subparagraph (B) of subdivision (2) of subsection (a) of this section; or
9212-(B) any statutory provision in any other state the essential elements of
9213-which are substantially the same as any statutory provision set forth in
9214-subparagraph (B) of subdivision (2) of subsection (a) of this section,
9215-during such person's period of participation in the program.
9216-(3) If a participation certification indicates that a person who was
9217-placed in the program successfully completed the alcohol education or
9218-substance use treatment component ordered by the court, but the
9219-program component provider recommends additional substance use
9220-treatment for such person, the Court Support Services Division may, if
9221-it deems such additional treatment appropriate, require such person to
9222-participate in the recommended additional substance use treatment in
9223-order to satisfactorily complete the pretrial impaired driving
9224-intervention program. If the division requires such additional substance
9225-use treatment, the division shall provide the court with a final progress
9226-report in accordance with subdivision (2) of this subsection upon receipt
9227-of the participation certification from the substance use treatment
9228-provider for such additional treatment.
9229-(k) (1) If any person successfully completes all components of the
9230-program ordered by the court and any additional substance use
9231-treatment required by the Court Support Services Division, such person
9232-may apply for dismissal of the charges against such person at the
9233-conclusion of such person's period of participation in the program.
9234-Upon application, the court shall review the final progress report
9235-submitted by the division regarding such person and any other relevant Senate Bill No. 1201
9236-
9237-June Sp. Sess., Public Act No. 21-1 283 of 303
9238-
9239-information. If the court finds that such person has satisfactorily
9240-completed the pretrial impaired driving intervention program, the court
9241-shall dismiss the charges.
9242-(2) If any person who has successfully completed all components of
9243-the program ordered by the court and any additional substance use
9244-treatment required by the Court Support Services Division does not
9245-apply for dismissal of the charges against such person at the conclusion
9246-of such person's period of participation in the program, the court may,
9247-upon its own motion, review the final progress report regarding such
9248-person submitted by the division and any other relevant information. If
9249-the court finds that such person has satisfactorily completed the pretrial
9250-impaired driving intervention program, the court shall dismiss the
9251-charges.
9252-(3) Upon the motion of any person placed in the program and a
9253-showing of good cause, the court may extend the program placement
9254-period for a reasonable period of time to allow such person to complete
9255-the applicable program components.
9256-(l) If, upon review of the final progress report submitted by the Court
9257-Support Services Division or any other relevant information, the court
9258-finds that any person placed in the program has failed to successfully
9259-complete any component of the program ordered by the court, is no
9260-longer amenable to treatment or is otherwise ineligible to continue
9261-participating in the program, the court shall terminate such person's
9262-participation in the program. No program fees or substance use
9263-treatment costs imposed pursuant to subsection (f) of this section shall
9264-be refunded to any person whose participation in the program is
9265-terminated. Unless such person requests, and the court grants,
9266-reinstatement into the program pursuant to subsection (m) of this
9267-section, the court shall order the court file of any person whose
9268-participation in the program is terminated to be unsealed, enter a plea
9269-of not guilty for such person and immediately place the case on the trial Senate Bill No. 1201
9270-
9271-June Sp. Sess., Public Act No. 21-1 284 of 303
9272-
9273-list.
9274-(m) (1) Any person whose participation in the program is terminated
9275-may ask the court to reinstate such person into the program up to two
9276-times. If a person requests reinstatement into the program, the Court
9277-Support Services Division shall verify that such person is eligible for
9278-such reinstatement. If a person requesting reinstatement into the
9279-program is eligible for reinstatement, the court may, in its discretion,
9280-grant such person reinstatement into the program. When granting such
9281-reinstatement, the court shall order the defendant to participate in an
9282-appropriate alcohol education, substance use treatment or victim impact
9283-component of the program.
9284-(2) Any person reinstated into the program shall: (A) If ordered to
9285-participate in the alcohol education component of the program, pay to
9286-the court a nonrefundable program fee of two hundred fifty dollars,
9287-which shall be credited to the pretrial account established under section
9288-54-56k of the general statutes, or (B) if ordered to participate in the
9289-substance use treatment component of the program, pay the costs of any
9290-substance use treatment. The court shall not waive the program fee or
9291-the costs of substance use treatment associated with reinstatement into
9292-the program unless such person is found eligible to have such fee or cost
9293-waived under subdivision (3) of subsection (f) of this section and such
9294-person participates in the applicable alcohol education at a service
9295-provider located in this state or substance use treatment at a substance
9296-use treatment provider licensed by and located in this state.
9297-(n) (1) If any person applies for both the pretrial impaired driving
9298-intervention program under the provisions of this section and the
9299-pretrial drug intervention and community service program pursuant to
9300-section 166 of this act, for charges arising from the same arrest, and the
9301-Department of Mental Health and Addiction Services, a licensed
9302-substance use treatment provider, the Department of Veterans Affairs
9303-or the United States Department of Veterans Affairs has already Senate Bill No. 1201
9304-
9305-June Sp. Sess., Public Act No. 21-1 285 of 303
9306-
9307-completed the required evaluation and determination of the
9308-appropriate drug education or substance use treatment component
9309-pursuant to section 166 of this act, the court and the Court Support
9310-Services Division may rely on such evaluation and determination for the
9311-purposes of ordering participation and directing attendance in the
9312-alcohol education or substance use treatment component of the program
9313-under the provisions of this section. If the court and the division rely on
9314-such evaluation and determination, such person shall not be required to
9315-pay the evaluation fee under the provisions of subdivision (2) of
9316-subsection (b) of this section, provided that such person has paid, or the
9317-court has waived, the evaluation fee pursuant to section 166 of this act.
9318-(2) If any person is placed in both the pretrial impaired driving
9319-intervention program under the provisions of this section and the
9320-pretrial drug intervention and community service program pursuant to
9321-section 166 of this act, for charges arising from the same arrest, the court
9322-may find that (A) such person's successful completion of the drug
9323-education component of the pretrial drug intervention and community
9324-service program pursuant to section 166 of this act, satisfies such
9325-person's required participation in the alcohol education component of
9326-the pretrial impaired driving intervention program under the
9327-provisions of this section; or (B) such person's successful completion of
9328-the substance use treatment component of the pretrial drug intervention
9329-and community service program pursuant to section 166 of this act,
9330-satisfies such person's required participation in the substance use
9331-treatment component of the pretrial impaired driving intervention
9332-program under the provisions of this section.
9333-(3) Nothing in this subsection shall relieve any person placed in both
9334-the pretrial impaired driving intervention program pursuant to this
9335-section and the pretrial drug intervention and community service
9336-program pursuant to section 166 of this act, for charges arising from the
9337-same arrest, from the requirement to participate in the: Senate Bill No. 1201
9338-
9339-June Sp. Sess., Public Act No. 21-1 286 of 303
9340-
9341-(A) Victim impact component of the pretrial impaired driving
9342-intervention program, if ordered by the court under the provisions of
9343-this section, in order to satisfactorily complete the pretrial impaired
9344-driving intervention program, or
9345-(B) Community service component of the pretrial drug intervention
9346-and community service program pursuant to section 166 of this act, in
9347-order to satisfactorily complete the pretrial drug intervention and
9348-community service program.
9349-(o) (1) The Court Support Services Division shall retain a record of
9350-participation in the pretrial impaired driving intervention program for
9351-a period of ten years from the date the court grants the application for,
9352-and places the applicant in, the program pursuant to the provisions of
9353-this section.
9354-(2) For any person charged with a violation of section 14-227a of the
9355-general statutes, section 14-227g of the general statutes, section 14-227m
9356-of the general statutes or section 14-227n of the general statutes whose
9357-charges were dismissed pursuant to the provisions of this section, the
9358-division shall transmit to the Department of Motor Vehicles the record
9359-of such person's participation in the program. The Department of Motor
9360-Vehicles shall maintain the record of any person's participation in such
9361-program as part of such person's driving record for a period of ten years.
9362-(3) For any person charged with a violation of subsection (d) of
9363-section 15-133 of the general statutes or section 15-140n of the general
9364-statutes whose charges were dismissed pursuant to the provisions of
9365-this section, the division shall transmit to the Department of Energy and
9366-Environmental Protection the record of such person's participation in
9367-the program. The Department of Energy and Environmental Protection
9368-shall maintain the record of any person's participation in such program
9369-as a part of such person's boater certification record for a period of ten
9370-years. Senate Bill No. 1201
9371-
9372-June Sp. Sess., Public Act No. 21-1 287 of 303
9373-
9374-Sec. 168. Section 54-56g of the general statutes is repealed and the
9375-following is substituted in lieu thereof (Effective from passage):
9376-(a) (1) There shall be a pretrial alcohol education program for persons
9377-charged with a violation of section 14-227a, 14-227g or 14-227m,
9378-subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-
9379-133 or 15-140n. Upon application by any such person for participation
9380-in such program, the court shall, but only as to the public, order the
9381-court file sealed, and such person shall pay to the court an application
9382-fee of one hundred dollars and a nonrefundable evaluation fee of one
9383-hundred dollars, and such person shall state under oath, in open court
9384-or before any person designated by the clerk and duly authorized to
9385-administer oaths, under penalties of perjury that: (A) If such person is
9386-charged with a violation of section 14-227a, 14-227g or 14-227m,
9387-subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d)
9388-of section 15-133 or section 15-140n, such person has not had such
9389-program invoked in such person's behalf within the preceding ten years
9390-for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or
9391-(2) of subsection (a) of section 14-227n, subsection (d) of section 15-133
9392-or section 15-140n, (B) such person has not been convicted of a violation
9393-of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-
9394-227a before, on or after October 1, 1981, a violation of subdivision (1) or
9395-(2) of subsection (a) of section 14-227a on or after October 1, 1985, a
9396-violation of section 14-227g, a violation of section 14-227m or a violation
9397-of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such
9398-person has not been convicted of a violation of section 15-132a,
9399-subsection (d) of section 15-133, section 15-140l or section 15-140n, (D)
9400-such person has not been convicted in any other state at any time of an
9401-offense the essential elements of which are substantially the same as
9402-section 53a-56b, 53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or
9403-(2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1)
9404-or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-
9405-133, and (E) notice has been given by such person, by registered or Senate Bill No. 1201
9406-
9407-June Sp. Sess., Public Act No. 21-1 288 of 303
9408-
9409-certified mail on a form prescribed by the Office of the Chief Court
9410-Administrator, to each victim who sustained a serious physical injury,
9411-as defined in section 53a-3, which was caused by such person's alleged
9412-violation, that such person has applied to participate in the pretrial
9413-alcohol education program and that such victim has an opportunity to
9414-be heard by the court on the application.
9415-(2) The court shall provide each such victim who sustained a serious
9416-physical injury an opportunity to be heard prior to granting an
9417-application under this section. Unless good cause is shown, a person
9418-shall be ineligible for participation in such pretrial alcohol education
9419-program if such person's alleged violation of section 14-227a, 14-227g or
9420-14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or
9421-subsection (d) of section 15-133 caused the serious physical injury, as
9422-defined in section 53a-3, of another person.
9423-(3) The application fee imposed under this subsection shall be
9424-credited to the Criminal Injuries Compensation Fund established under
9425-section 54-215. The evaluation fee imposed under this subsection shall
9426-be credited to the pretrial account established under section 54-56k.
9427-(b) The court, after consideration of the recommendation of the state's
9428-attorney, assistant state's attorney or deputy assistant state's attorney in
9429-charge of the case, may, in its discretion, grant such application. If the
9430-court grants such application, the court shall refer such person to the
9431-Court Support Services Division for assessment and confirmation of the
9432-eligibility of the applicant and to the Department of Mental Health and
9433-Addiction Services for evaluation. The Court Support Services Division,
9434-in making its assessment and confirmation, may rely on the
9435-representations made by the applicant under oath in open court with
9436-respect to convictions in other states of offenses specified in subsection
9437-(a) of this section. Upon confirmation of eligibility and receipt of the
9438-evaluation report, the defendant shall be referred to the Department of
9439-Mental Health and Addiction Services by the Court Support Services Senate Bill No. 1201
9440-
9441-June Sp. Sess., Public Act No. 21-1 289 of 303
9442-
9443-Division for placement in an appropriate alcohol intervention program
9444-for one year, or be placed in a state-licensed substance abuse treatment
9445-program. The alcohol intervention program shall include a ten-session
9446-intervention program and a fifteen-session intervention program. Any
9447-person who enters the pretrial alcohol education program shall agree:
9448-(1) To the tolling of the statute of limitations with respect to such crime,
9449-(2) to a waiver of such person's right to a speedy trial, (3) to complete
9450-ten or fifteen counseling sessions in an alcohol intervention program or
9451-successfully complete a substance abuse treatment program of not less
9452-than twelve sessions pursuant to this section dependent upon the
9453-evaluation report and the court order, (4) to commence participation in
9454-an alcohol intervention program or substance abuse treatment program
9455-not later than ninety days after the date of entry of the court order unless
9456-granted a delayed entry into a program by the court, (5) upon
9457-completion of participation in the alcohol intervention program, to
9458-accept placement in a substance abuse treatment program upon the
9459-recommendation of a provider under contract with the Department of
9460-Mental Health and Addiction Services pursuant to subsection (f) of this
9461-section or placement in a state-licensed substance abuse treatment
9462-program which meets standards established by the Department of
9463-Mental Health and Addiction Services, if the Court Support Services
9464-Division deems it appropriate, and (6) if ordered by the court, to
9465-participate in at least one victim impact panel. The suspension of the
9466-motor vehicle operator's license of any such person pursuant to section
9467-14-227b shall be effective during the period such person is participating
9468-in the pretrial alcohol education program, provided such person shall
9469-have the option of not commencing the participation in such program
9470-until the period of such suspension is completed. If the Court Support
9471-Services Division informs the court that the defendant is ineligible for
9472-such program and the court makes a determination of ineligibility or if
9473-the program provider certifies to the court that the defendant did not
9474-successfully complete the assigned program or is no longer amenable to
9475-treatment and such person does not request, or the court denies, Senate Bill No. 1201
9476-
9477-June Sp. Sess., Public Act No. 21-1 290 of 303
9478-
9479-program reinstatement under subsection (e) of this section, the court
9480-shall order the court file to be unsealed, enter a plea of not guilty for
9481-such defendant and immediately place the case on the trial list. If such
9482-defendant satisfactorily completes the assigned program, such
9483-defendant may apply for dismissal of the charges against such
9484-defendant and the court, on reviewing the record of the defendant's
9485-participation in such program submitted by the Court Support Services
9486-Division and on finding such satisfactory completion, shall dismiss the
9487-charges. If the defendant does not apply for dismissal of the charges
9488-against such defendant after satisfactorily completing the assigned
9489-program the court, upon receipt of the record of the defendant's
9490-participation in such program submitted by the Court Support Services
9491-Division, may on its own motion make a finding of such satisfactory
9492-completion and dismiss the charges. Upon motion of the defendant and
9493-a showing of good cause, the court may extend the one-year placement
9494-period for a reasonable period for the defendant to complete the
9495-assigned program. A record of participation in such program shall be
9496-retained by the Court Support Services Division for a period of ten years
9497-from the date the court grants the application for participation in such
9498-program. The Court Support Services Division shall transmit to the
9499-Department of Motor Vehicles a record of participation in such program
9500-for each person who satisfactorily completes such program. The
9501-Department of Motor Vehicles shall maintain for a period of ten years
9502-the record of a person's participation in such program as part of such
9503-person's driving record. The Court Support Services Division shall
9504-transmit to the Department of Energy and Environmental Protection the
9505-record of participation of any person who satisfactorily completes such
9506-program who has been charged with a violation of the provisions of
9507-subsection (d) of section 15-133 or section 15-140n. The Department of
9508-Energy and Environmental Protection shall maintain for a period of ten
9509-years the record of a person's participation in such program as a part of
9510-such person's boater certification record. Senate Bill No. 1201
9511-
9512-June Sp. Sess., Public Act No. 21-1 291 of 303
9513-
9514-(c) At the time the court grants the application for participation in the
9515-pretrial alcohol education program, such person shall also pay to the
9516-court a nonrefundable program fee of three hundred fifty dollars if such
9517-person is ordered to participate in the ten-session intervention program
9518-and a nonrefundable program fee of five hundred dollars if such person
9519-is ordered to participate in the fifteen-session intervention program. If
9520-the court grants the application for participation in the pretrial alcohol
9521-education program and such person is ordered to participate in a
9522-substance abuse treatment program, such person shall be responsible
9523-for the costs associated with participation in such program. No person
9524-may be excluded from either program for inability to pay such fee or
9525-cost, provided (1) such person files with the court an affidavit of
9526-indigency or inability to pay, (2) such indigency or inability to pay is
9527-confirmed by the Court Support Services Division, and (3) the court
9528-enters a finding thereof. If the court finds that a person is indigent or
9529-unable to pay for a treatment program, the costs of such program shall
9530-be paid from the pretrial account established under section 54-56k. If the
9531-court finds that a person is indigent or unable to pay for an intervention
9532-program, the court may waive all or any portion of the fee for such
9533-intervention program. If the court denies the application, such person
9534-shall not be required to pay the program fee. If the court grants the
9535-application and such person is later determined to be ineligible for
9536-participation in such pretrial alcohol education program or fails to
9537-complete the assigned program, the program fee shall not be refunded.
9538-All program fees shall be credited to the pretrial account established
9539-under section 54-56k.
9540-(d) If a person returns to court with certification from a program
9541-provider that such person did not successfully complete the assigned
9542-program or is no longer amenable to treatment, the provider, to the
9543-extent practicable, shall include a recommendation to the court as to
9544-whether a ten-session intervention program, a fifteen-session
9545-intervention program or placement in a state-licensed substance abuse Senate Bill No. 1201
9546-
9547-June Sp. Sess., Public Act No. 21-1 292 of 303
9548-
9549-treatment program would best serve such person's needs. The provider
9550-shall also indicate whether the current program referral was an initial
9551-referral or a reinstatement to the program.
9552-(e) When a person subsequently requests reinstatement into an
9553-alcohol intervention program or a substance abuse treatment program
9554-and the Court Support Services Division verifies that such person is
9555-eligible for reinstatement into such program and thereafter the court
9556-favorably acts on such request, such person shall pay a nonrefundable
9557-program fee of one hundred seventy-five dollars if ordered to complete
9558-a ten-session intervention program or two hundred fifty dollars if
9559-ordered to complete a fifteen-session intervention program, as the case
9560-may be. Unless good cause is shown, such fees shall not be waived. If
9561-the court grants a person's request to be reinstated into a treatment
9562-program, such person shall be responsible for the costs, if any,
9563-associated with being reinstated into the treatment program. All
9564-program fees collected in connection with a reinstatement to an
9565-intervention program shall be credited to the pretrial account
9566-established under section 54-56k. No person shall be permitted more
9567-than two program reinstatements pursuant to this subsection.
9568-(f) The Department of Mental Health and Addiction Services shall
9569-contract with service providers, develop standards and oversee
9570-appropriate alcohol programs to meet the requirements of this section.
9571-Said department shall adopt regulations, in accordance with chapter 54,
9572-to establish standards for such alcohol programs. Any person ordered
9573-to participate in a treatment program shall do so at a state-licensed
9574-treatment program which meets the standards established by said
9575-department. Any defendant whose employment or residence makes it
9576-unreasonable to attend an alcohol intervention program or a substance
9577-abuse treatment program in this state may attend a program in another
9578-state which has standards substantially similar to, or higher than, those
9579-of this state, subject to the approval of the court and payment of the Senate Bill No. 1201
9580-
9581-June Sp. Sess., Public Act No. 21-1 293 of 303
9582-
9583-application, evaluation and program fees and treatment costs, as
9584-appropriate, as provided in this section.
9585-(g) The court may, as a condition of granting such application, require
9586-that such person participate in a victim impact panel program approved
9587-by the Court Support Services Division of the Judicial Department. Such
9588-victim impact panel program shall provide a nonconfrontational forum
9589-for the victims of alcohol-related or drug-related offenses and offenders
9590-to share experiences on the impact of alcohol-related or drug-related
9591-incidents in their lives. Such victim impact panel program shall be
9592-conducted by a nonprofit organization that advocates on behalf of
9593-victims of accidents caused by persons who operated a motor vehicle
9594-while under the influence of intoxicating liquor or any drug, or both.
9595-Such organization may assess a participation fee of not more than
9596-seventy-five dollars on any person required by the court to participate
9597-in such program, provided such organization shall offer a hardship
9598-waiver when it has determined that the imposition of a fee would pose
9599-an economic hardship for such person.
9600-(h) The provisions of this section shall not be applicable in the case of
9601-any person charged with a violation of section 14-227a or 14-227m or
9602-subdivision (1) or (2) of subsection (a) of section 14-227n (1) while
9603-operating a commercial motor vehicle, as defined in section 14-1, or (2)
9604-who holds a commercial driver's license or commercial driver's
9605-instruction permit at the time of the violation.
9606-(i) A court may not grant an application to participate in the pretrial
9607-alcohol education program under this section on or after April 1, 2022.
9608-Anyone participating in the program on April 1, 2022, may continue
9609-such participation until successful completion of the program or
9610-termination of participation in the program after any possible
9611-reinstatements in the program.
9612-Sec. 169. Section 54-56i of the general statutes is repealed and the Senate Bill No. 1201
9613-
9614-June Sp. Sess., Public Act No. 21-1 294 of 303
9615-
9616-following is substituted in lieu thereof (Effective from passage):
9617-(a) There is established a pretrial drug education and community
9618-service program for persons charged with a violation of section 21a-267,
9619-21a-279 or 21a-279a. The pretrial drug education and community service
9620-program shall include a fifteen-session drug education program and a
9621-substance abuse treatment program of not less than fifteen sessions, and
9622-the performance of community service.
9623-(b) Upon application by any such person for participation in such
9624-program, the court shall, but only as to the public, order the court file
9625-sealed, and such person shall pay to the court of an application fee of
9626-one hundred dollars and a nonrefundable evaluation fee of one hundred
9627-fifty dollars. A person shall be ineligible for participation in such pretrial
9628-drug education and community service program if such person has
9629-twice previously participated in (1) the pretrial drug education program
9630-established under the provisions of this section in effect prior to October
9631-1, 2013, (2) the community service labor program established under
9632-section 53a-39c, (3) the pretrial drug education and community service
9633-program established under this section, or (4) any of such programs,
9634-except that the court may allow a person who has twice previously
9635-participated in such programs to participate in the pretrial drug
9636-education and community service program one additional time, for
9637-good cause shown. The evaluation and application fee imposed under
9638-this subsection shall be credited to the pretrial account established
9639-under section 54-56k.
9640-(c) The court, after consideration of the recommendation of the state's
9641-attorney, assistant state's attorney or deputy assistant state's attorney in
9642-charge of the case, may, in its discretion, grant such application. If the
9643-court grants such application, the court shall refer such person (1) to the
9644-Court Support Services Division for confirmation of the eligibility of the
9645-applicant, (2) to the Department of Mental Health and Addiction
9646-Services for evaluation and determination of an appropriate drug Senate Bill No. 1201
9647-
9648-June Sp. Sess., Public Act No. 21-1 295 of 303
9649-
9650-education or substance abuse treatment program for the first or second
9651-time such application is granted, and (3) to a state-licensed substance
9652-abuse treatment program for evaluation and determination of an
9653-appropriate substance abuse treatment program for the third time such
9654-application is granted, except that, if such person is a veteran, the court
9655-may refer such person to the Department of Veterans Affairs or the
9656-United States Department of Veterans Affairs, as applicable, for any
9657-such evaluation and determination. For the purposes of this subsection
9658-and subsection (d) of this section, "veteran" means any person who was
9659-discharged or released under conditions other than dishonorable from
9660-active service in the armed forces as defined in section 27-103.
9661-(d) (1) (A) Upon confirmation of eligibility and receipt of the
9662-evaluation and determination required under subsection (c) of this
9663-section, such person shall be placed in the pretrial drug education and
9664-community service program and referred by the Court Support Services
9665-Division for the purpose of receiving appropriate drug education
9666-services or substance abuse treatment program services, as
9667-recommended by the evaluation conducted pursuant to subsection (c)
9668-of this section and ordered by the court, to the Department of Mental
9669-Health and Addiction Services or to a state-licensed substance abuse
9670-treatment program for placement in the appropriate drug education or
9671-substance abuse treatment program, except that, if such person is a
9672-veteran, the division may refer such person to the Department of
9673-Veterans Affairs or the United States Department of Veterans Affairs,
9674-subject to the provisions of subdivision (2) of this subsection.
9675-(B) Persons who have been granted entry into the pretrial drug
9676-education and community service program for the first time shall
9677-participate in either a fifteen-session drug education program or a
9678-substance abuse treatment program of not less than fifteen sessions, as
9679-ordered by the court on the basis of the evaluation and determination
9680-required under subsection (c) of this section. Persons who have been Senate Bill No. 1201
9681-
9682-June Sp. Sess., Public Act No. 21-1 296 of 303
9683-
9684-granted entry into the pretrial drug education and community service
9685-program for the second time shall participate in either a fifteen-session
9686-drug education program or a substance abuse treatment program of not
9687-less than fifteen sessions, as ordered by the court based on the
9688-evaluation and determination required under subsection (c) of this
9689-section. Persons who have been granted entry into the pretrial drug
9690-education and community service program for a third time shall be
9691-referred to a state-licensed substance abuse program for evaluation and
9692-participation in a course of treatment as ordered by the court based on
9693-the evaluation and determination required under subsection (c) of this
9694-section.
9695-(C) Persons who have been granted entry into the pretrial drug
9696-education and community service program shall also participate in a
9697-community service program administered by the Court Support
9698-Services Division pursuant to section 53a-39c. Persons who have been
9699-granted entry into the pretrial drug education and community service
9700-program for the first time shall participate in the community service
9701-program for a period of five days. Persons who have been granted entry
9702-into the pretrial drug education and community service program for the
9703-second time shall participate in the community service program for a
9704-period of fifteen days. Persons who have been granted entry into the
9705-pretrial drug education and community service program for a third or
9706-additional time shall participate in the community service program for
9707-a period of thirty days.
9708-(D) Placement in the pretrial drug education and community service
9709-program pursuant to this section shall not exceed one year. Persons
9710-receiving substance abuse treatment program services in accordance
9711-with the provisions of this section shall only receive such services at
9712-state-licensed substance abuse treatment program facilities that are in
9713-compliance with all state standards governing the operation of such
9714-facilities, except that, if such person is a veteran, such person may Senate Bill No. 1201
9715-
9716-June Sp. Sess., Public Act No. 21-1 297 of 303
9717-
9718-receive services from facilities under the supervision of the Department
9719-of Veterans Affairs or the United States Department of Veterans Affairs,
9720-subject to the provisions of subdivision (2) of this subsection.
9721-(E) Any person who enters the pretrial drug education and
9722-community service program shall agree: (i) To the tolling of the statute
9723-of limitations with respect to such crime; (ii) to a waiver of such person's
9724-right to a speedy trial; (iii) to complete participation in the pretrial drug
9725-education and community service program, as ordered by the court; (iv)
9726-to commence participation in the pretrial drug education and
9727-community service program not later than ninety days after the date of
9728-entry of the court order unless granted a delayed entry into the program
9729-by the court; and (v) upon completion of participation in the pretrial
9730-drug education and community service program, to accept (I) placement
9731-in a treatment program upon the recommendation of a provider under
9732-contract with the Department of Mental Health and Addiction Services
9733-or a provider under the supervision of the Department of Veterans
9734-Affairs or the United States Department of Veterans Affairs, or (II)
9735-placement in a treatment program that has standards substantially
9736-similar to, or higher than, a program of a provider under contract with
9737-the Department of Mental Health and Addiction Services, if the Court
9738-Support Services Division deems it appropriate.
9739-(2) The Court Support Services Division may only refer a veteran to
9740-the Department of Veterans Affairs or the United States Department of
9741-Veterans Affairs for the receipt of services under the program if (A) the
9742-division determines that such services will be provided in a timely
9743-manner under standards substantially similar to, or higher than,
9744-standards for services provided by the Department of Mental Health
9745-and Addiction Services under the program, and (B) the applicable
9746-department agrees to submit timely program participation and
9747-completion reports to the division in the manner required by the
9748-division. Senate Bill No. 1201
9749-
9750-June Sp. Sess., Public Act No. 21-1 298 of 303
9751-
9752-(e) If the Court Support Services Division informs the court that such
9753-person is ineligible for the program and the court makes a determination
9754-of ineligibility or if the program provider certifies to the court that such
9755-person did not successfully complete the assigned program and such
9756-person did not request, or the court denied, reinstatement in the
9757-program under subsection (i) of this section, the court shall order the
9758-court file to be unsealed, enter a plea of not guilty for such person and
9759-immediately place the case on the trial list.
9760-(f) If such person satisfactorily completes the assigned program, such
9761-person may apply for dismissal of the charges against such person and
9762-the court, on reviewing the record of such person's participation in such
9763-program submitted by the Court Support Services Division and on
9764-finding such satisfactory completion, shall dismiss the charges. If such
9765-person does not apply for dismissal of the charges against such person
9766-after satisfactorily completing the assigned program, the court, upon
9767-receipt of the record of such person's participation in such program
9768-submitted by the Court Support Services Division, may on its own
9769-motion make a finding of such satisfactory completion and dismiss the
9770-charges. Upon motion of such person and a showing of good cause, the
9771-court may extend the placement period for a reasonable period of time
9772-to allow such person to complete the assigned program. A record of
9773-participation in such program shall be retained by the Court Support
9774-Services Division for a period of ten years from the date the court grants
9775-the application for participation in the program.
9776-(g) At the time the court grants the application for participation in the
9777-pretrial drug education and community service program, any person
9778-ordered to participate in such drug education program shall pay to the
9779-court a nonrefundable program fee of six hundred dollars. If the court
9780-orders participation in a substance abuse treatment program, such
9781-person shall pay to the court a nonrefundable program fee of one
9782-hundred dollars and shall be responsible for the costs associated with Senate Bill No. 1201
9783-
9784-June Sp. Sess., Public Act No. 21-1 299 of 303
9785-
9786-such program. No person may be excluded from any such program for
9787-inability to pay such fee or cost, provided (1) such person files with the
9788-court an affidavit of indigency or inability to pay, (2) such indigency or
9789-inability to pay is confirmed by the Court Support Services Division,
9790-and (3) the court enters a finding thereof. The court may waive all or any
9791-portion of such fee depending on such person's ability to pay. If the
9792-court finds that a person is indigent or unable to pay for a substance
9793-abuse treatment program, the costs of such program shall be paid from
9794-the pretrial account established under section 54-56k. If the court denies
9795-the application, such person shall not be required to pay the program
9796-fee. If the court grants the application, and such person is later
9797-determined to be ineligible for participation in such pretrial drug
9798-education and community service program or fails to complete the
9799-assigned program, the program fee shall not be refunded. All program
9800-fees shall be credited to the pretrial account established under section
9801-54-56k.
9802-(h) If a person returns to court with certification from a program
9803-provider that such person did not successfully complete the assigned
9804-program or is no longer amenable to treatment, the provider, to the
9805-extent practicable, shall include a recommendation to the court as to
9806-whether placement in a drug education program or placement in a
9807-substance abuse treatment program would best serve such person's
9808-needs. The provider shall also indicate whether the current program
9809-referral was an initial referral or a reinstatement to the program.
9810-(i) When a person subsequently requests reinstatement into a drug
9811-education program or a substance abuse treatment program and the
9812-Court Support Services Division verifies that such person is eligible for
9813-reinstatement into such program and thereafter the court favorably acts
9814-on such request, any person reinstated into such drug education
9815-program shall pay a nonrefundable program fee of two hundred fifty
9816-dollars, and any person reinstated into a substance abuse treatment Senate Bill No. 1201
9817-
9818-June Sp. Sess., Public Act No. 21-1 300 of 303
9819-
9820-program shall be responsible for the costs, if any, associated with being
9821-reinstated into the treatment program. Unless good cause is shown,
9822-such program fee shall not be waived. All program fees collected in
9823-connection with a reinstatement to a drug education program shall be
9824-credited to the pretrial account established under section 54-56k. No
9825-person shall be permitted more than two program reinstatements
9826-pursuant to this subsection.
9827-(j) The Department of Mental Health and Addiction Services shall
9828-develop standards and oversee appropriate drug education programs
9829-that it administers to meet the requirements of this section and may
9830-contract with service providers to provide such programs. The
9831-department shall adopt regulations, in accordance with chapter 54, to
9832-establish standards for such drug education programs.
9833-(k) Any person whose employment or residence or schooling makes
9834-it unreasonable to attend a drug education program or substance abuse
9835-treatment program in this state may attend a program in another state
9836-that has standards similar to, or higher than, those of this state, subject
9837-to the approval of the court and payment of the program fee or costs as
9838-provided in this section.
9839-(l) A court may not grant an application to participate in the pretrial
9840-drug education and community service program under this section on
9841-or after April 1, 2022. Anyone participating in the program on April 1,
9842-2022, may continue such participation until successful completion of the
9843-program or termination of participation in the program after any
9844-possible reinstatements in the program.
9845-Sec. 170. Subsection (b) of section 14-227j of the general statutes is
9846-repealed and the following is substituted in lieu thereof (Effective April
9847-1, 2022):
9848-(b) Any person who has been arrested for a violation of section 14- Senate Bill No. 1201
9849-
9850-June Sp. Sess., Public Act No. 21-1 301 of 303
9851-
9852-227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-
9853-227n or section 53a-56b or 53a-60d, may be ordered by the court not to
9854-operate any motor vehicle unless such motor vehicle is equipped with
9855-an ignition interlock device. Any such order may be made as a condition
9856-of such person's release on bail, as a condition of probation or as a
9857-condition of granting such person's application for participation in the
9858-pretrial alcohol education program under section 54-56g or the pretrial
9859-impaired driving intervention program under section 167 of this act and
9860-may include any other terms and conditions as to duration, use, proof
9861-of installation or any other matter that the court determines to be
9862-appropriate or necessary.
9863-Sec. 171. Section 54-66a of the general statutes is repealed and the
9864-following is substituted in lieu thereof (Effective April 1, 2022):
9865-Any bail bond posted in any criminal proceeding in this state shall be
9866-automatically terminated and released whenever the defendant: (1) Is
9867-granted accelerated rehabilitation pursuant to section 54-56e; (2) is
9868-granted admission to the pretrial alcohol education program pursuant
9869-to section 54-56g; (3) is granted admission to the pretrial family violence
9870-education program pursuant to section 46b-38c; (4) is granted admission
9871-to the pretrial drug education and community service program
9872-pursuant to section 54-56i; (5) has the complaint or information filed
9873-against such defendant dismissed; (6) has the prosecution of the
9874-complaint or information filed against such defendant terminated by
9875-entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court
9876-and a stay of such sentence, if any, is lifted; (9) is granted admission to
9877-the pretrial school violence prevention program pursuant to section 54-
9878-56j; (10) is charged with a violation of section 29-33, 53-202l or 53-202w,
9879-and prosecution has been suspended pursuant to subsection (h) of
9880-section 29-33; (11) is charged with a violation of section 29-37a and
9881-prosecution has been suspended pursuant to subsection (i) of section 29-
9882-37a; (12) is granted admission to the supervised diversionary program Senate Bill No. 1201
9883-
9884-June Sp. Sess., Public Act No. 21-1 302 of 303
9885-
9886-for persons with psychiatric disabilities, or persons who are veterans,
9887-pursuant to section 54-56l; [or] (13) is granted admission to a
9888-diversionary program for young persons charged with a motor vehicle
9889-violation or an alcohol-related offense pursuant to section 54-56p; (14) is
9890-granted admission to the pretrial drug intervention and community
9891-service program pursuant to section 166 of this act; or (15) is granted
9892-admission to the pretrial impaired driving intervention program
9893-pursuant to section 167 of this act.
9894-Sec. 172. Section 54-56k of the general statutes is repealed and the
9895-following is substituted in lieu thereof (Effective April 1, 2022):
9896-(a) There is established an account to be known as the pretrial
9897-account. The account shall contain any moneys required by law to be
9898-deposited in the account and shall be a separate, nonlapsing account of
9899-the General Fund. Investment earnings credited to the account shall
9900-become part of the assets of the account. Any balance remaining in said
9901-account at the end of any fiscal year shall be carried forward in the
9902-account for the next fiscal year.
9903-(b) There shall be deposited in the pretrial account (1) all evaluation
9904-fees collected pursuant to subsection (a) of section 54-56g and subsection
9905-(b) of section 54-56i [and] (2) all program fees collected pursuant to
9906-subsections (c) and (e) of section 54-56g and subsections (g) and (i) of
9907-section 54-56i [and] funds appropriated in subsection (a) of section 47 of
9908-special act 01-1 of the June special session, (3) fees collected pursuant to
9909-subdivision (2) of subsection (b), subdivision (1) of subsection (e) and
9910-subparagraph (A) of subdivision (2) of subsection (k) of section 166 of
9911-this act, and (4) the evaluation fee collected pursuant to subdivision (2)
9912-of subsection (b), and fees collected pursuant to subdivision (1) of
9913-subsection (f) and subparagraph (A) of subdivision (2) of subsection (m)
9914-of section 167 of this act.
9915-(c) Amounts in the pretrial account shall be available to fund the cost Senate Bill No. 1201
9916-
9917-June Sp. Sess., Public Act No. 21-1 303 of 303
9918-
9919-of operating the pretrial alcohol and drug education programs
9920-established under sections 54-56g and 54-56i, the pretrial drug
9921-intervention and community service program established under section
9922-166 of this act and the pretrial impaired driving intervention program
9923-established under section 167 of this act.
9924-Sec. 173. Sections 12-651 to 12-660, inclusive, and 21a-408n of the
9925-general statutes are repealed. (Effective July 1, 2021)
31+Section 1. (NEW) (Effective from passage) As used in RERACA, unless 1
32+the context otherwise requires: 2
33+(1) "Responsible and Equitable Regulation of Adult-Use Cannabis 3
34+Act" or "RERACA" means this section, sections 7, 9, 11 to 14, inclusive, 4
35+16, 18, 20 to 65, inclusive, 82, 83, 89 to 110, inclusive, 112 to 114, inclusive, 5
36+121, 124 to 128, inclusive, 134, 135 and 144 to 151, inclusive, 153, 162, 163, 6
37+165 to 167, inclusive, and 174 of this act, and the amendments to sections 7
38+7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-111e, 14-8
39+227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 19a-342, 9
40+19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 to 21a-408f, 10
41+inclusive, 21a-408h to 21a-408p, inclusive, 21a-408r to 21a-408v, 11
42+inclusive, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, 53-394, 53a-39c, 54-1m, 12
43+54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a and 13
44+54-142e of the general statutes; 14
45+Bill No.
46+
47+
48+
49+LCO No. 10834 2 of 295
50+
51+(2) "Backer" means any individual with a direct or indirect financial 15
52+interest in a cannabis establishment. "Backer" does not include an 16
53+individual with an investment interest in a cannabis establishment if (A) 17
54+the interest held by such individual and such individual's spouse, 18
55+parent or child, in the aggregate, does not exceed five per cent of the 19
56+total ownership or interest rights in such cannabis establishment, and 20
57+(B) such individual does not participate directly or indirectly in the 21
58+control, management or operation of the cannabis establishment; 22
59+(3) "Cannabis" means marijuana, as defined in section 21a-240 of the 23
60+general statutes; 24
61+(4) "Cannabis establishment" means a producer, dispensary facility, 25
62+cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 26
63+manufacturer, product manufacturer, product packager, delivery 27
64+service or transporter; 28
65+(5) "Cannabis flower" means the flower, including abnormal and 29
66+immature flowers, of a plant of the genus cannabis that has been 30
67+harvested, dried and cured, and prior to any processing whereby the 31
68+flower material is transformed into a cannabis product. "Cannabis 32
69+flower" does not include (A) the leaves or stem of such plant, or (B) 33
70+hemp, as defined in section 22-61l of the general statutes; 34
71+(6) "Cannabis trim" means all parts, including abnormal or immature 35
72+parts, of a plant of the genus cannabis, other than cannabis flower, that 36
73+have been harvested, dried and cured, and prior to any processing 37
74+whereby the plant material is transformed into a cannabis product. 38
75+"Cannabis trim" does not include hemp, as defined in section 22-61l of 39
76+the general statutes; 40
77+(7) "Cannabis product" means cannabis that is in the form of a 41
78+cannabis concentrate or a product that contains cannabis, which may be 42
79+combined with other ingredients, and is intended for use or 43
80+consumption. "Cannabis product" does not include the raw cannabis 44
81+plant; 45
82+Bill No.
83+
84+
85+
86+LCO No. 10834 3 of 295
87+
88+(8) "Cannabis concentrate" means any form of concentration, 46
89+including, but not limited to, extracts, oils, tinctures, shatter and waxes, 47
90+that is extracted from cannabis; 48
91+(9) "Cannabis-type substances" have the same meaning as 49
92+"marijuana", as defined in section 21a-240 of the general statutes; 50
93+(10) "Commissioner" means the Commissioner of Consumer 51
94+Protection and includes any designee of the commissioner; 52
95+(11) "Consumer" means an individual who is twenty-one years of age 53
96+or older; 54
97+(12) "Cultivation" has the same meaning as provided in section 21a-55
98+408 of the general statutes; 56
99+(13) "Cultivator" means a person that is licensed to engage in the 57
100+cultivation, growing and propagation of the cannabis plant at an 58
101+establishment with not less than fifteen thousand square feet of grow 59
102+space; 60
103+(14) "Delivery service" means a person that is licensed to deliver 61
104+cannabis from (A) micro-cultivators, retailers and hybrid retailers to 62
105+consumers and research program subjects, and (B) hybrid retailers and 63
106+dispensary facilities to qualifying patients, caregivers and research 64
107+program subjects, as defined in section 21a-408 of the general statutes, 65
108+or to hospices or other inpatient care facilities licensed by the 66
109+Department of Public Health pursuant to chapter 368v of the general 67
110+statutes that have a protocol for the handling and distribution of 68
111+cannabis that has been approved by the department, or a combination 69
112+thereof; 70
113+(15) "Department" means the Department of Consumer Protection; 71
114+(16) "Dispensary facility" means a place of business where cannabis 72
115+may be dispensed, sold or distributed in accordance with chapter 420f 73
116+of the general statutes and any regulations adopted thereunder, to 74
117+Bill No.
118+
119+
120+
121+LCO No. 10834 4 of 295
122+
123+qualifying patients and caregivers, and to which the department has 75
124+issued a dispensary facility license under chapter 420f of the general 76
125+statutes and any regulations adopted thereunder; 77
126+(17) "Disproportionately impacted area" means a United States 78
127+census tract in the state that has, as determined by the Social Equity 79
128+Council under section 22 of this act, (A) a historical conviction rate for 80
129+drug-related offenses greater than one-tenth, or (B) an unemployment 81
130+rate greater than ten per cent; 82
131+(18) "Disqualifying conviction" means a conviction within the last ten 83
132+years which has not been the subject of an absolute pardon under the 84
133+provisions of section 54-130a of the general statutes, or an equivalent 85
134+pardon process under the laws of another state or the federal 86
135+government, for an offense under (A) section 53a-276, 53a-277 or 53a-87
136+278 of the general statutes; (B) section 53a-291, 53a-292 or 53a-293 of the 88
137+general statutes; (C) section 53a-215 of the general statutes; (D) section 89
138+53a-138 or 53a-139 of the general statutes; (E) section 53a-142a of the 90
139+general statutes; (F) sections 53a-147 to 53a-162, inclusive, of the general 91
140+statutes; (G) sections 53a-125c to 53a-125f, inclusive, of the general 92
141+statutes; (H) section 53a-129b, 53a-129c or 53a-129d of the general 93
142+statutes; (I) subsection (b) of section 12-737 of the general statutes; (J) 94
143+section 53a-48 or 53a-49 of the general statutes, if the offense which is 95
144+attempted or is an object of the conspiracy is an offense under the 96
145+statutes listed in subparagraphs (A) to (I), inclusive, of this subdivision; 97
146+or (K) the law of any other state or of the federal government, if the 98
147+offense on which such conviction is based is defined by elements that 99
148+substantially include the elements of an offense under the statutes listed 100
149+in subparagraphs (A) to (J), inclusive, of this subdivision; 101
150+(19) "Dispensary technician" means an individual who has had an 102
151+active pharmacy technician or dispensary technician registration in this 103
152+state within the past five years, is affiliated with a dispensary facility or 104
153+hybrid retailer and is registered with the department in accordance with 105
154+chapter 420f of the general statutes and any regulations adopted 106
155+Bill No.
156+
157+
158+
159+LCO No. 10834 5 of 295
160+
161+thereunder; 107
162+(20) "Employee" means any person who is not a backer, but is a 108
163+member of the board of a company with an ownership interest in a 109
164+cannabis establishment, and any person employed by a cannabis 110
165+establishment or who otherwise has access to such establishment or the 111
166+vehicles used to transport cannabis, including, but not limited to, an 112
167+independent contractor who has routine access to the premises of such 113
168+establishment or to the cannabis handled by such establishment; 114
169+(21) "Equity" and "equitable" means efforts, regulations, policies, 115
170+programs, standards, processes and any other functions of government 116
171+or principles of law and governance intended to: (A) Identify and 117
172+remedy past and present patterns of discrimination and disparities of 118
173+race, ethnicity, gender and sexual orientation; (B) ensure that such 119
174+patterns of discrimination and disparities, whether intentional or 120
175+unintentional, are neither reinforced nor perpetuated; and (C) prevent 121
176+the emergence and persistence of foreseeable future patterns of 122
177+discrimination or disparities of race, ethnicity, gender, and sexual 123
178+orientation; 124
179+(22) "Equity joint venture" means a business entity that is at least fifty 125
180+per cent owned and controlled by an individual or individuals, or such 126
181+applicant is an individual, who meets the criteria of subparagraphs (A) 127
182+and (B) of subdivision (48) of this section; 128
183+(23) "Extract" means the preparation, compounding, conversion or 129
184+processing of cannabis, either directly or indirectly by extraction or 130
185+independently by means of chemical synthesis, or by a combination of 131
186+extraction and chemical synthesis to produce a cannabis concentrate; 132
187+(24) "Financial interest" means any right to, ownership, an investment 133
188+or a compensation arrangement with another person, directly, through 134
189+business, investment or family. "Financial interest" does not include 135
190+ownership of investment securities in a publicly-held corporation that 136
191+is traded on a national exchange or over-the-counter market, provided 137
192+Bill No.
193+
194+
195+
196+LCO No. 10834 6 of 295
197+
198+the investment securities held by such person and such person's spouse, 138
199+parent or child, in the aggregate, do not exceed one-half of one per cent 139
200+of the total number of shares issued by the corporation; 140
201+(25) "Food and beverage manufacturer" means a person that is 141
202+licensed to own and operate a place of business that acquires cannabis 142
203+and creates food and beverages; 143
204+(26) "Grow space" means the portion of a premises owned and 144
205+controlled by a producer, cultivator or micro-cultivator that is utilized 145
206+for the cultivation, growing or propagation of the cannabis plant, and 146
207+contains cannabis plants in an active stage of growth, measured starting 147
208+from the outermost wall of the room containing cannabis plants and 148
209+continuing around the outside of the room. "Grow space" does not 149
210+include space used to cure, process, store harvested cannabis or 150
211+manufacture cannabis once the cannabis has been harvested; 151
212+(27) "Historical conviction count for drug-related offenses" means, for 152
213+a given area, the number of convictions of residents of such area (A) for 153
214+violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 21a-279a of 154
215+the general statutes, and (B) who were arrested for such violations 155
216+between January 1, 1982, and December 31, 2020, inclusive, where such 156
217+arrest was recorded in databases maintained by the Department of 157
218+Emergency Services and Public Protection; 158
219+(28) "Historical conviction rate for drug-related offenses" means, for 159
220+a given area, the historical conviction count for drug-related offenses 160
221+divided by the population of such area, as determined by the five-year 161
222+estimates of the most recent American Community Survey conducted 162
223+by the United States Census Bureau; 163
224+(29) "Hybrid retailer" means a person that is licensed to purchase 164
225+cannabis and sell cannabis and medical marijuana products; 165
226+(30) "Key employee" means an employee with the following 166
227+management position or an equivalent title within a cannabis 167
228+Bill No.
229+
230+
231+
232+LCO No. 10834 7 of 295
233+
234+establishment: (A) President or chief officer, who is the top ranking 168
235+individual at the cannabis establishment and is responsible for all staff 169
236+and overall direction of business operations; (B) financial manager, who 170
237+is the individual who reports to the president or chief officer and who is 171
238+generally responsible for oversight of the financial operations of the 172
239+cannabis establishment, including, but not limited to, revenue 173
240+generation, distributions, tax compliance and budget implementation; 174
241+or (C) compliance manager, who is the individual who reports to the 175
242+president or chief officer and who is generally responsible for ensuring 176
243+the cannabis establishment complies with all laws, regulations and 177
244+requirements related to the operation of the cannabis establishment; 178
245+(31) "Laboratory" means a laboratory located in the state that is 179
246+licensed by the department to provide analysis of cannabis that meets 180
247+the licensure requirements set forth in section 21a-246 of the general 181
248+statutes; 182
249+(32) "Laboratory employee" means an individual who is registered as 183
250+a laboratory employee pursuant to section 21a-408r of the general 184
251+statutes; 185
252+(33) "Labor peace agreement" means an agreement between a 186
253+cannabis establishment and a bona fide labor organization under section 187
254+102 of this act pursuant to which the owners and management of the 188
255+cannabis establishment agree not to lock out employees and that 189
256+prohibits the bona fide labor organization from engaging in picketing, 190
257+work stoppages or boycotts against the cannabis establishment; 191
258+(34) "Manufacture" means to add or incorporate cannabis into other 192
259+products or ingredients or create a cannabis product; 193
260+(35) "Medical marijuana product" means cannabis that may be 194
261+exclusively sold to qualifying patients and caregivers by dispensary 195
262+facilities and hybrid retailers and which are designated by the 196
263+commissioner as reserved for sale to qualifying patients and caregivers 197
264+and published on the department's Internet web site; 198
265+Bill No.
266+
267+
268+
269+LCO No. 10834 8 of 295
270+
271+(36) "Micro-cultivator" means a person licensed to engage in the 199
272+cultivation, growing and propagation of the cannabis plant at an 200
273+establishment containing not less than two thousand square feet and not 201
274+more than ten thousand square feet of grow space, prior to any 202
275+expansion authorized by the commissioner; 203
276+(37) "Municipality" means any town, city or borough, consolidated 204
277+town and city or consolidated town and borough; 205
278+(38) "Paraphernalia" means drug paraphernalia, as defined in section 206
279+21a-240 of the general statutes; 207
280+(39) "Person" means an individual, partnership, limited liability 208
281+company, society, association, joint stock company, corporation, estate, 209
282+receiver, trustee, assignee, referee or any other legal entity and any other 210
283+person acting in a fiduciary or representative capacity, whether 211
284+appointed by a court or otherwise, and any combination thereof; 212
285+(40) "Producer" means a person that is licensed as a producer 213
286+pursuant to section 21a-408i of the general statutes and any regulations 214
287+adopted thereunder; 215
288+(41) "Product manufacturer" means a person that is licensed to obtain 216
289+cannabis, extract and manufacture products exclusive to such license 217
290+type; 218
291+(42) "Product packager" means a person that is licensed to package 219
292+and label cannabis; 220
293+(43) "Qualifying patient" has the same meaning as provided in section 221
294+21a-408 of the general statutes; 222
295+(44) "Research program" has the same meaning as provided in section 223
296+21a-408 of the general statutes; 224
297+(45) "Retailer" means a person, excluding a dispensary facility and 225
298+hybrid retailer, that is licensed to purchase cannabis from producers, 226
299+Bill No.
300+
301+
302+
303+LCO No. 10834 9 of 295
304+
305+cultivators, micro-cultivators, product manufacturers and food and 227
306+beverage manufacturers and to sell cannabis to consumers and research 228
307+programs; 229
308+(46) "Sale" or "sell" has the same meaning as provided in section 21a-230
309+240 of the general statutes; 231
310+(47) "Social Equity Council" or "council" means the council 232
311+established under section 22 of this act; 233
312+(48) "Social equity applicant" means a person that has applied for a 234
313+license for a cannabis establishment, where such applicant is at least 235
314+sixty-five per cent owned and controlled by an individual or 236
315+individuals, or such applicant is an individual, who: 237
316+(A) Had an average household income of less than three hundred per 238
317+cent of the state median household income over the three tax years 239
318+immediately preceding such individual's application; and 240
319+(B) (i) Was a resident of a disproportionately impacted area for not 241
320+less than five of the ten years immediately preceding the date of such 242
321+application; or 243
322+(ii) Was a resident of a disproportionately impacted area for not less 244
323+than nine years prior to attaining the age of eighteen; 245
324+(49) "THC" has the same meaning as provided in section 21a-240 of 246
325+the general statutes; 247
326+(50) "Third-party lottery operator" means a person, or a constituent 248
327+unit of the state system of higher education, that conducts lotteries 249
328+pursuant to section 35 of this act, identifies the cannabis establishment 250
329+license applications for consideration without performing any review of 251
330+the applications that are identified for consideration, and that has no 252
331+direct or indirect oversight of or investment in a cannabis establishment 253
332+or a cannabis establishment applicant; 254
333+Bill No.
334+
335+
336+
337+LCO No. 10834 10 of 295
338+
339+(51) "Transfer" means to transfer, change, give or otherwise dispose 255
340+of control over or interest in; 256
341+(52) "Transport" means to physically move from one place to another; 257
342+(53) "Transporter" means a person licensed to transport cannabis 258
343+between cannabis establishments, laboratories and research programs; 259
344+and 260
345+(54) "Unemployment rate" means, in a given area, the number of 261
346+people sixteen years of age or older who are in the civilian labor force 262
347+and unemployed divided by the number of people sixteen years of age 263
348+or older who are in the civilian labor force. 264
349+Sec. 2. Subsection (a) of section 21a-279 of the general statutes is 265
350+repealed and the following is substituted in lieu thereof (Effective July 1, 266
351+2021): 267
352+(a) (1) Any person who possesses or has under such person's control 268
353+any quantity of any controlled substance, except [less than one-half 269
354+ounce of a cannabis-type substance] any quantity of cannabis, as defined 270
355+in section 1 of this act, and except as authorized in this chapter or chapter 271
356+420f, shall be guilty of a class A misdemeanor. 272
357+(2) For a second offense of subdivision (1) of this subsection, the court 273
358+shall evaluate such person and, if the court determines such person is a 274
359+drug-dependent person, the court may suspend prosecution of such 275
360+person and order such person to undergo a substance abuse treatment 276
361+program. 277
362+(3) For any subsequent offense of subdivision (1) of this subsection, 278
363+the court may find such person to be a persistent offender for possession 279
364+of a controlled substance in accordance with section 53a-40. 280
365+Sec. 3. Section 21a-279a of the general statutes is repealed and the 281
366+following is substituted in lieu thereof (Effective July 1, 2021): 282
367+Bill No.
368+
369+
370+
371+LCO No. 10834 11 of 295
372+
373+(a) Any person [who possesses or has under his control less than one-283
374+half ounce of a cannabis-type substance, as defined in section 21a-240, 284
375+except as authorized in this chapter, shall (1) for a first offense, be fined 285
376+one hundred fifty dollars, and (2) for a subsequent offense, be fined not 286
377+less than two hundred dollars or more than five hundred dollars.] 287
378+twenty-one years of age or older may possess, use and otherwise 288
379+consume cannabis, provided the amount of all such cannabis does not 289
380+exceed such person's possession limit of (1) one and one-half ounces of 290
381+cannabis plant material and five ounces of cannabis plant material in a 291
382+locked container at such person's residence or a locked glove box or 292
383+trunk of such person's motor vehicle, (2) an equivalent amount of 293
384+cannabis products, as provided in subsection (i) of this section, or (3) an 294
385+equivalent amount of a combination of cannabis and cannabis products, 295
386+as provided in subsection (i) of this section. On and after July 1, 2023, a 296
387+person's personal possession limit does not include any live plant or 297
388+cannabis plant material derived from any live plant cultivated by such 298
389+person in accordance with the provisions of section 162 of this act. 299
390+(b) (1) Any person under eighteen years of age who possesses or has 300
391+under such person's control less than (A) five ounces of cannabis plant 301
392+material, (B) an equivalent amount of cannabis products, as provided in 302
393+subsection (i) of this section, or (C) an equivalent amount of a 303
394+combination of cannabis and cannabis products, as provided in 304
395+subsection (i) of this section, except as authorized in this chapter or 305
396+chapter 420f, shall for a (i) first offense, be issued a written warning, and 306
397+such person may be referred to a youth services bureau established 307
398+under section 10-19m or to any other appropriate services, (ii) second 308
399+offense, be referred to a youth services bureau established under section 309
400+10-19m or to any other appropriate services, and (iii) any subsequent 310
401+offense, be adjudicated delinquent pursuant to the provisions of section 311
402+46b-120. 312
403+(2) Any person under eighteen years of age who possesses or has 313
404+under such person's control (A) five ounces or more of cannabis plant 314
405+material, (B) an equivalent amount of cannabis products, as provided in 315
406+Bill No.
407+
408+
409+
410+LCO No. 10834 12 of 295
411+
412+subsection (i) of this section, or (C) an equivalent amount of a 316
413+combination of cannabis and cannabis products, as provided in 317
414+subsection (i) of this section, except as authorized in this chapter or 318
415+chapter 420f, shall be adjudicated delinquent pursuant to the provisions 319
416+of section 46b-120. 320
417+(3) No person may be arrested for a violation of this subsection. 321
418+(c) (1) Any person eighteen years of age or older but under twenty-322
419+one years of age, who possesses or has under such person's control less 323
420+than (A) five ounces of cannabis plant material, (B) an equivalent 324
421+amount of cannabis products, as provided in subsection (h) of this 325
422+section, or (C) an equivalent amount of a combination of cannabis and 326
423+cannabis products, as provided in subsection (i) of this section, except 327
424+as authorized in this chapter or chapter 420f, shall be required to view 328
425+and sign a statement acknowledging the health effects of cannabis on 329
426+young people and shall (i) for a first offense, be fined fifty dollars, and 330
427+(ii) for any subsequent offense, be fined one hundred fifty dollars. 331
428+(2) Any person eighteen years of age or older but under twenty-one 332
429+years of age, who possesses or has under such person's control (A) five 333
430+ounces or more of cannabis plant material, (B) an equivalent amount of 334
431+cannabis products, as provided in subsection (i) of this section, or (C) an 335
432+equivalent amount of a combination of cannabis and cannabis products, 336
433+as provided in subsection (i) of this section, except as authorized in this 337
434+chapter or chapter 420f, shall be required to view and sign a statement 338
435+acknowledging the health effects of cannabis on young people and shall 339
436+(i) for a first offense, be fined five hundred dollars, and (ii) for any 340
437+subsequent offense, be guilty of a class D misdemeanor. 341
438+(d) Any person twenty-one years of age or older, except as authorized 342
439+in this chapter, chapter 420f or RERACA, who possesses or has under 343
440+such person's control more than the possession limit pursuant to 344
441+subsection (a) of this section, but less than (1) five ounces of cannabis 345
442+plant material and eight ounces of cannabis plant material in a locked 346
443+Bill No.
444+
445+
446+
447+LCO No. 10834 13 of 295
448+
449+container at such person's residence or a locked glove box or trunk of 347
450+such person's motor vehicle, (2) an equivalent amount of cannabis 348
451+products, as provided in subsection (i) of this section, or (3) an 349
452+equivalent amount of a combination of cannabis and cannabis products, 350
453+as provided in subsection (i) of this section, shall for a (A) first offense, 351
454+be fined one hundred dollars, and (B) subsequent offense, be fined two 352
455+hundred fifty dollars. 353
456+(e) (1) Any person twenty-one years of age or older, except as 354
457+authorized in this chapter, chapter 420f or RERACA, who possesses or 355
458+has under such person's control (A) five ounces or more of cannabis 356
459+plant material or eight ounces or more of cannabis plant material in a 357
460+locked container at such person's residence or a locked glove box or 358
461+trunk of such person's motor vehicle, (B) an equivalent amount of 359
462+cannabis products, as provided in subsection (i) of this section, or (C) an 360
463+equivalent amount of a combination of cannabis and cannabis products, 361
464+as provided in subsection (i) of this section, shall for a (i) first offense, be 362
465+fined five hundred dollars, and (ii) subsequent offense, be guilty of a 363
466+class C misdemeanor. 364
467+(2) For an offense under subdivision (1) of this subsection, the court 365
468+shall evaluate such person and, if the court determines such person is a 366
469+drug-dependent person, the court may suspend prosecution of such 367
470+person and order such person to undergo a substance abuse treatment 368
471+program. 369
472+[(b)] (f) The law enforcement officer issuing a complaint for a 370
473+violation of subsection [(a)] (b), (c), (d) or (e) of this section shall seize 371
474+[the cannabis-type substance] all cannabis and cause such substance to 372
475+be destroyed as contraband in accordance with law. 373
476+[(c)] (g) Any person who, at separate times, has twice entered a plea 374
477+of nolo contendere to, or been found guilty after trial of, a violation of 375
478+subsection [(a)] (e) of this section shall, upon a subsequent plea of nolo 376
479+contendere to, or finding of guilty of, a violation of said subsection, be 377
480+Bill No.
481+
482+
483+
484+LCO No. 10834 14 of 295
485+
486+referred for participation in a drug education program at such person's 378
487+own expense. 379
488+(h) Any person subject to a fine under the provisions of this section 380
489+may attest to his or her indigency, and, in lieu of paying such fine, 381
490+complete community service with a private nonprofit charity or other 382
491+nonprofit organization. The number of hours of community service 383
492+required shall be equivalent to one hour of such service for each twenty-384
493+five dollars of the fine that would otherwise apply. Upon completion of 385
494+the community service, such person shall attest, and present 386
495+documentation from such private nonprofit charity or other nonprofit 387
496+organization confirming that such community service was performed. 388
497+(i) (1) For purposes of determining any amount or limit specified in 389
498+this section and RERACA, one ounce of cannabis plant material shall be 390
499+considered equivalent to (A) five grams of cannabis concentrate, or (B) 391
500+any other cannabis products with up to five hundred milligrams of 392
501+THC. 393
502+(2) For purposes of subsection (a) of this section, one and one-half 394
503+ounces of cannabis plant material shall be considered equivalent to (A) 395
504+seven and one-half grams of cannabis concentrate, or (B) any other 396
505+cannabis products with up to seven hundred fifty milligrams of THC. 397
506+(3) For purposes of subsections (b) to (e), inclusive, of this section, five 398
507+ounces of cannabis plant material shall be considered equivalent to (i) 399
508+twenty-five grams of cannabis concentrate, or (ii) any other cannabis 400
509+products with up to two thousand five hundred milligrams of THC. 401
510+(4) For purposes of determining any amount or limit specified in this 402
511+section and RERACA, the amount possessed shall be calculated by 403
512+converting any quantity of cannabis products to its equivalent quantity 404
513+of cannabis plant material, and then taking the sum of any such 405
514+quantities. 406
515+Bill No.
516+
517+
518+
519+LCO No. 10834 15 of 295
520+
521+(j) (1) As used in this section, "cannabis", "cannabis flower", "cannabis 407
522+trim", "cannabis concentrate" and "cannabis product" have the same 408
523+meanings as provided in section 1 of this act. 409
524+(2) As used in this section, "cannabis plant material" means cannabis 410
525+flower, cannabis trim and all parts of any plant or species of the genus 411
526+cannabis, or any infra specific taxon thereof, excluding a growing plant, 412
527+and the seeds thereof. "Cannabis plant material" does not include hemp, 413
528+as defined in section 22-61l. 414
529+(3) As used in this section, "motor vehicle" has the same meaning as 415
530+provided in section 14-1. 416
531+(4) As used in this section, "trunk" means (i) the fully enclosed and 417
532+locked main storage or luggage compartment of a motor vehicle that is 418
533+not accessible from the passenger compartment, or (ii) a locked toolbox 419
534+or utility box attached to the bed of a pickup truck, as defined in section 420
535+14-1. "Trunk" does not include the rear of a pickup truck, except as 421
536+otherwise provided, or of a hatchback, station-wagon-type automobile 422
537+or sport utility vehicle or any compartment that has a window. 423
538+Sec. 4. Section 21a-267 of the general statutes is repealed and the 424
539+following is substituted in lieu thereof (Effective July 1, 2021): 425
540+(a) No person shall use or possess with intent to use drug 426
541+paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, 427
542+propagate, cultivate, grow, harvest, manufacture, compound, convert, 428
543+produce, process, prepare, test, analyze, pack, repack, store, contain or 429
544+conceal, or to ingest, inhale or otherwise introduce into the human body, 430
545+any controlled substance, as defined in subdivision (9) of section 21a-431
546+240, other than [a cannabis-type substance in a quantity of less than one-432
547+half ounce] cannabis. Any person who violates any provision of this 433
548+subsection shall be guilty of a class C misdemeanor. 434
549+(b) No person shall deliver, possess with intent to deliver or 435
550+manufacture with intent to deliver drug paraphernalia knowing, or 436
551+Bill No.
552+
553+
554+
555+LCO No. 10834 16 of 295
556+
557+under circumstances where one reasonably should know, that it will be 437
558+used to plant, propagate, cultivate, grow, harvest, manufacture, 438
559+compound, convert, produce, process, prepare, test, analyze, pack, 439
560+repack, store, contain or conceal, or to ingest, inhale or otherwise 440
561+introduce into the human body, any controlled substance, other than [a 441
562+cannabis-type substance in a quantity of less than one-half ounce] 442
563+cannabis. Any person who violates any provision of this subsection shall 443
564+be guilty of a class A misdemeanor. 444
565+(c) Any person who violates subsection (a) or (b) of this section in or 445
566+on, or within one thousand five hundred feet of, the real property 446
567+comprising a public or private elementary or secondary school and who 447
568+is not enrolled as a student in such school shall be imprisoned for a term 448
569+of one year which shall not be suspended and shall be in addition and 449
570+consecutive to any term of imprisonment imposed for violation of 450
571+subsection (a) or (b) of this section. 451
572+[(d) No person shall (1) use or possess with intent to use drug 452
573+paraphernalia to plant, propagate, cultivate, grow, harvest, 453
574+manufacture, compound, convert, produce, process, prepare, test, 454
575+analyze, pack, repack, store, contain or conceal, or to ingest, inhale or 455
576+otherwise introduce into the human body, less than one-half ounce of a 456
577+cannabis-type substance, or (2) deliver, possess with intent to deliver or 457
578+manufacture with intent to deliver drug paraphernalia knowing, or 458
579+under circumstances where one reasonably should know, that it will be 459
580+used to plant, propagate, cultivate, grow, harvest, manufacture, 460
581+compound, convert, produce, process, prepare, test, analyze, pack, 461
582+repack, store, contain or conceal, or to ingest, inhale or otherwise 462
583+introduce into the human body, less than one-half ounce of a cannabis-463
584+type substance. Any person who violates any provision of this 464
585+subsection shall have committed an infraction.] 465
586+[(e)] (d) The provisions of subsection (a) of this section shall not apply 466
587+to any person (1) who in good faith, seeks medical assistance for another 467
588+person who such person reasonably believes is experiencing an 468
589+Bill No.
590+
591+
592+
593+LCO No. 10834 17 of 295
594+
595+overdose from the ingestion, inhalation or injection of intoxicating 469
596+liquor or any drug or substance, (2) for whom another person, in good 470
597+faith, seeks medical assistance, reasonably believing such person is 471
598+experiencing an overdose from the ingestion, inhalation or injection of 472
599+intoxicating liquor or any drug or substance, or (3) who reasonably 473
600+believes he or she is experiencing an overdose from the ingestion, 474
601+inhalation or injection of intoxicating liquor or any drug or substance 475
602+and, in good faith, seeks medical assistance for himself or herself, if 476
603+evidence of the use or possession of drug paraphernalia in violation of 477
604+said subsection was obtained as a result of the seeking of such medical 478
605+assistance. For the purposes of this subsection, "good faith" does not 479
606+include seeking medical assistance during the course of the execution of 480
607+an arrest warrant or search warrant or a lawful search. 481
608+(e) For purposes of this section, "cannabis" has the same meaning as 482
609+provided in section 1 of this act. 483
610+Sec. 5. Section 46b-120 of the general statutes is repealed and the 484
611+following is substituted in lieu thereof (Effective July 1, 2021): 485
612+The terms used in this chapter shall, in its interpretation and in the 486
613+interpretation of other statutes, be defined as follows: 487
614+(1) "Child" means any person under eighteen years of age who has 488
615+not been legally emancipated, except that (A) for purposes of 489
616+delinquency matters and proceedings, "child" means any person who (i) 490
617+is at least seven years of age at the time of the alleged commission of a 491
618+delinquent act and who is (I) under eighteen years of age and has not 492
619+been legally emancipated, or (II) eighteen years of age or older and 493
620+committed a delinquent act prior to attaining eighteen years of age, or 494
621+(ii) is subsequent to attaining eighteen years of age, (I) violates any order 495
622+of the Superior Court or any condition of probation ordered by the 496
623+Superior Court with respect to a delinquency proceeding, or (II) wilfully 497
624+fails to appear in response to a summons under section 46b-133 or at any 498
625+other court hearing in a delinquency proceeding of which the child had 499
626+Bill No.
627+
628+
629+
630+LCO No. 10834 18 of 295
631+
632+notice, and (B) for purposes of family with service needs matters and 500
633+proceedings, child means a person who is at least seven years of age and 501
634+is under eighteen years of age; 502
635+(2) (A) A child may be adjudicated as "delinquent" who has, while 503
636+under sixteen years of age, (i) violated any federal or state law, except a 504
637+first or second offense under subdivision (1) of subsection (b) of section 505
638+21a-279a, or except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 506
639+or 53a-223a, or violated a municipal or local ordinance, except an 507
640+ordinance regulating behavior of a child in a family with service needs, 508
641+(ii) wilfully failed to appear in response to a summons under section 509
642+46b-133 or at any other court hearing in a delinquency proceeding of 510
643+which the child had notice, (iii) violated any order of the Superior Court 511
644+in a delinquency proceeding, except as provided in section 46b-148, or 512
645+(iv) violated conditions of probation supervision or probation 513
646+supervision with residential placement in a delinquency proceeding as 514
647+ordered by the court; 515
648+(B) A child may be adjudicated as "delinquent" who has (i) while 516
649+sixteen or seventeen years of age, violated any federal or state law, other 517
650+than (I) an infraction, [except an infraction under subsection (d) of 518
651+section 21a-267,] (II) a violation, [except a violation under subsection (a) 519
652+of section 21a-279a,] (III) a motor vehicle offense or violation under title 520
653+14, (IV) a violation of a municipal or local ordinance, [or] (V) a violation 521
654+of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-522
655+223a, or (VI) a first or second offense under subdivision (1) of subsection 523
656+(b) of section 21a-279a, (ii) while sixteen years of age or older, wilfully 524
657+failed to appear in response to a summons under section 46b-133 or at 525
658+any other court hearing in a delinquency proceeding of which the child 526
659+had notice, (iii) while sixteen years of age or older, violated any order of 527
660+the Superior Court in a delinquency proceeding, except as provided in 528
661+section 46b-148, or (iv) while sixteen years of age or older, violated 529
662+conditions of probation supervision or probation supervision with 530
663+residential placement in a delinquency proceeding as ordered by the 531
664+court; 532
665+Bill No.
666+
667+
668+
669+LCO No. 10834 19 of 295
670+
671+(3) "Family with service needs" means a family that includes a child 533
672+who is at least seven years of age and is under eighteen years of age 534
673+who, according to a petition lawfully filed on or before June 30, 2020, 535
674+(A) has without just cause run away from the parental home or other 536
675+properly authorized and lawful place of abode, (B) is beyond the control 537
676+of the child's parent, parents, guardian or other custodian, (C) has 538
677+engaged in indecent or immoral conduct, or (D) is thirteen years of age 539
678+or older and has engaged in sexual intercourse with another person and 540
679+such other person is thirteen years of age or older and not more than 541
680+two years older or younger than such child; 542
681+(4) A child may be found "neglected" who, for reasons other than 543
682+being impoverished, (A) has been abandoned, (B) is being denied 544
683+proper care and attention, physically, educationally, emotionally or 545
684+morally, or (C) is being permitted to live under conditions, 546
685+circumstances or associations injurious to the well-being of the child; 547
686+(5) A child may be found "abused" who (A) has been inflicted with 548
687+physical injury or injuries other than by accidental means, (B) has 549
688+injuries that are at variance with the history given of them, or (C) is in a 550
689+condition that is the result of maltreatment, including, but not limited 551
690+to, malnutrition, sexual molestation or exploitation, deprivation of 552
691+necessities, emotional maltreatment or cruel punishment; 553
692+(6) A child may be found "uncared for" (A) who is homeless, (B) 554
693+whose home cannot provide the specialized care that the physical, 555
694+emotional or mental condition of the child requires, or (C) who has been 556
695+identified as a victim of trafficking, as defined in section 46a-170. For the 557
696+purposes of this section, the treatment of any child by an accredited 558
697+Christian Science practitioner, in lieu of treatment by a licensed 559
698+practitioner of the healing arts, shall not of itself constitute neglect or 560
699+maltreatment; 561
700+(7) "Delinquent act" means (A) the violation by a child under the age 562
701+of sixteen of any federal or state law, except a first or second offense 563
702+Bill No.
703+
704+
705+
706+LCO No. 10834 20 of 295
707+
708+under subdivision (1) of subsection (b) of section 21a-279a, the violation 564
709+of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the 565
710+violation of a municipal or local ordinance, except an ordinance 566
711+regulating behavior of a child in a family with service needs, (B) the 567
712+violation by a child sixteen or seventeen years of age of any federal or 568
713+state law, other than (i) an infraction, [except an infraction under 569
714+subsection (d) of section 21a-267,] (ii) a violation, [except a violation 570
715+under subsection (a) of section 21a-279a,] (iii) a motor vehicle offense or 571
716+violation under title 14, (iv) the violation of a municipal or local 572
717+ordinance, [or] (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-573
718+222, 53a-222a, 53a-223 or 53a-223a, or (vi) a first or second offense under 574
719+subdivision (1) of subsection (b) of section 21a-279a, (C) the wilful 575
720+failure of a child, including a child who has attained the age of eighteen, 576
721+to appear in response to a summons under section 46b-133 or at any 577
722+other court hearing in a delinquency proceeding of which the child has 578
723+notice, (D) the violation of any order of the Superior Court in a 579
724+delinquency proceeding by a child, including a child who has attained 580
725+the age of eighteen, except as provided in section 46b-148, or (E) the 581
726+violation of conditions of probation supervision or probation 582
727+supervision with residential placement in a delinquency proceeding by 583
728+a child, including a child who has attained the age of eighteen, as 584
729+ordered by the court; 585
730+(8) "Serious juvenile offense" means (A) the violation of, including 586
731+attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 587
732+29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53-588
733+202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 589
734+53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, 590
735+inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-591
736+100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, 592
737+subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of 593
738+subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 594
739+53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 595
740+53a-212, 53a-216 or 53a-217b, or (B) absconding, escaping or running 596
741+Bill No.
742+
743+
744+
745+LCO No. 10834 21 of 295
746+
747+away, without just cause, from any secure residential facility in which 597
748+the child has been placed by the court as a delinquent child; 598
749+(9) "Serious juvenile offender" means any child adjudicated as 599
750+delinquent for the commission of a serious juvenile offense; 600
751+(10) "Serious juvenile repeat offender" means any child charged with 601
752+the commission of any felony if such child has previously been 602
753+adjudicated as delinquent or otherwise adjudicated at any age for two 603
754+violations of any provision of title 21a, 29, 53 or 53a that is designated as 604
755+a felony; 605
756+(11) "Alcohol-dependent" means a psychoactive substance 606
757+dependence on alcohol as that condition is defined in the most recent 607
758+edition of the American Psychiatric Association's "Diagnostic and 608
759+Statistical Manual of Mental Disorders"; 609
760+(12) "Drug-dependent" means a psychoactive substance dependence 610
761+on drugs as that condition is defined in the most recent edition of the 611
762+American Psychiatric Association's "Diagnostic and Statistical Manual 612
763+of Mental Disorders". No child shall be classified as drug-dependent 613
764+who is dependent (A) upon a morphine-type substance as an incident 614
765+to current medical treatment of a demonstrable physical disorder other 615
766+than drug dependence, or (B) upon amphetamine-type, ataractic, 616
767+barbiturate-type, hallucinogenic or other stimulant and depressant 617
768+substances as an incident to current medical treatment of a 618
769+demonstrable physical or psychological disorder, or both, other than 619
770+drug dependence; 620
771+(13) "Pre-dispositional study" means a comprehensive written report 621
772+prepared by a juvenile probation officer pursuant to section 46b-134 622
773+regarding the child's social, medical, mental health, educational, risks 623
774+and needs, and family history, as well as the events surrounding the 624
775+offense to present a supported recommendation to the court; 625
776+(14) "Probation supervision" means a legal status whereby a juvenile 626
777+Bill No.
778+
779+
780+
781+LCO No. 10834 22 of 295
782+
783+who has been adjudicated delinquent is placed by the court under the 627
784+supervision of juvenile probation for a specified period of time and 628
785+upon such terms as the court determines; 629
786+(15) "Probation supervision with residential placement" means a legal 630
787+status whereby a juvenile who has been adjudicated delinquent is 631
788+placed by the court under the supervision of juvenile probation for a 632
789+specified period of time, upon such terms as the court determines, that 633
790+include a period of placement in a secure or staff-secure residential 634
791+treatment facility, as ordered by the court, and a period of supervision 635
792+in the community; 636
793+(16) "Risk and needs assessment" means a standardized tool that (A) 637
794+assists juvenile probation officers in collecting and synthesizing 638
795+information about a child to estimate the child's risk of recidivating and 639
796+identify other factors that, if treated and changed, can reduce the child's 640
797+likelihood of reoffending, and (B) provides a guide for intervention 641
798+planning; 642
799+(17) "Secure-residential facility" means a hardware-secured 643
800+residential facility that includes direct staff supervision, surveillance 644
801+enhancements and physical barriers that allow for close supervision and 645
802+controlled movement in a treatment setting; and 646
803+(18) "Staff-secure residential facility" means a residential facility that 647
804+provides residential treatment for children in a structured setting where 648
805+the children are monitored by staff. 649
806+Sec. 6. Subsection (b) of section 51-164n of the general statutes is 650
807+repealed and the following is substituted in lieu thereof (Effective July 1, 651
808+2021): 652
809+(b) Notwithstanding any provision of the general statutes, any person 653
810+who is alleged to have committed (1) a violation under the provisions of 654
811+section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-655
812+393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-656
813+Bill No.
814+
815+
816+
817+LCO No. 10834 23 of 295
818+
819+251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 657
820+of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-658
821+435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 659
822+13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-660
823+253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 661
824+13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection 662
825+(a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 663
826+14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a, 664
827+subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 665
828+subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 666
829+of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 667
830+14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 668
831+violation as specified in subsection (f) of section 14-164i, section 14-219 669
832+as specified in subsection (e) of said section, subdivision (1) of section 670
833+14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-671
834+261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 672
835+14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-673
836+296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 674
837+14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-675
838+33, subdivision (1) of section 15-97, subsection (a) of section 15-115, 676
839+section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 677
840+16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-678
841+131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 679
842+19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-680
843+222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-681
844+336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-682
845+231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 20-683
846+341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, 684
847+21-63 or 21-76a, subsection (c) of section 21a-2, subdivision (1) of section 685
848+21a-19, section 21a-21, subdivision (1) of subsection (b) of section 21a-686
849+25, section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-687
850+46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-688
851+85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, 689
852+subsection [(a)] (c), (d) or (e) of section 21a-279a, section 22-12b, 22-13, 690
853+Bill No.
854+
855+
856+
857+LCO No. 10834 24 of 295
858+
859+22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 691
860+22-39b, 22-39c, 22-39d, 22-39e, 22-49 or 22-54, subsection (d) of section 692
861+22-84, section 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-167, 22-279, 693
862+22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b), (e) 694
863+or (f) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-695
864+415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) 696
865+of section 22a-256h, section 22a-363 or 22a-381d, subsections (c) and (d) 697
866+of section 22a-381e, section 22a-449, 22a-461, 23-38, 23-46 or 23-61b, 698
867+subsection (a) or subdivision (1) of subsection (c) of section 23-65, section 699
868+25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 25-135, 26-700
869+18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-701
870+58 or 26-59, subdivision (1) of subsection (d) of section 26-61, section 26-702
871+64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-703
872+94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-704
873+138 or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 705
874+26-217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-706
875+230, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-707
876+288, 26-294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection 708
877+(b), (d), (e) or (g) of section 29-161q, section 29-161y or 29-161z, 709
878+subdivision (1) of section 29-198, section 29-210, 29-243 or 29-277, 710
879+subsection (c) of section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 711
880+30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 712
881+31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 713
882+31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-714
883+74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, 715
884+section 31-288, subdivision (1) of section 35-20, section 36a-787, 42-230, 716
885+45a-283, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 717
886+46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 718
887+53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 719
888+53-311a, 53-321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section 720
889+53-344b, [or] section 53-450, or section 13, 91, 108 or 110 of this act, or (2) 721
890+a violation under the provisions of chapter 268, or (3) a violation of any 722
891+regulation adopted in accordance with the provisions of section 12-484, 723
892+12-487 or 13b-410, or (4) a violation of any ordinance, regulation or 724
893+Bill No.
894+
895+
896+
897+LCO No. 10834 25 of 295
898+
899+bylaw of any town, city or borough, except violations of building codes 725
900+and the health code, for which the penalty exceeds ninety dollars but 726
901+does not exceed two hundred fifty dollars, unless such town, city or 727
902+borough has established a payment and hearing procedure for such 728
903+violation pursuant to section 7-152c, shall follow the procedures set 729
904+forth in this section. 730
905+Sec. 7. (NEW) (Effective July 1, 2021) The provisions of subsections (b) 731
906+to (e), inclusive, of section 21a-279a of the general statutes, and sections 732
907+13, 105, 109 and 163 of this act shall not apply to any person (1) who, in 733
908+good faith, seeks medical assistance for another person who such person 734
909+reasonably believes is experiencing medical distress from the use of 735
910+cannabis; (2) for whom another person, in good faith, seeks medical 736
911+assistance, reasonably believing such person is experiencing medical 737
912+distress from the use of cannabis; or (3) who reasonably believes he or 738
913+she is experiencing medical distress from the use of cannabis and, in 739
914+good faith, seeks medical assistance for himself or herself, if evidence of 740
915+the possession or control of cannabis in violation of such provisions was 741
916+obtained as a result of the seeking of such medical assistance. For the 742
917+purposes of this subsection, "good faith" does not include seeking 743
918+medical assistance during the course of the execution of an arrest 744
919+warrant or search warrant or a lawful search. 745
920+Sec. 8. (NEW) (Effective July 1, 2022) (a) (1) Any person who has been 746
921+convicted in any court in this state (A) (i) on October 1, 2015, or 747
922+thereafter, and prior to July 1, 2021, or (ii) prior to January 1, 2000, of a 748
923+violation of section 21a-279 of the general statutes, for possession of a 749
924+cannabis-type substance and the amount possessed was less than or 750
925+equal to four ounces of such substance, (B) prior to July 1, 2021, of a 751
926+violation of subsection (a) of section 21a-267, for use or possession with 752
927+intent to use of drug paraphernalia to store, contain or conceal, or to 753
928+ingest, inhale or otherwise introduce into the human body cannabis, or 754
929+(C) prior to July 1, 2021, of a violation of subsection (b) of section 21a-755
930+277 of the general statutes, for manufacturing, distributing, selling, 756
931+prescribing, compounding, transporting with the intent to sell or 757
932+Bill No.
933+
934+
935+
936+LCO No. 10834 26 of 295
937+
938+dispense, possessing with the intent to sell or dispense, offering, giving 758
939+or administering to another person a cannabis-type substance and the 759
940+amount involved was less than or equal to four ounces or six plants 760
941+grown inside such person's own primary residence for personal use may 761
942+file a petition with the Superior Court at the location in which such 762
943+conviction was effected, or with the Superior Court at the location 763
944+having custody of the records of such conviction or if such conviction 764
945+was in the Court of Common Pleas, Circuit Court, municipal court or by 765
946+a trial justice, in the Superior Court where venue would currently exist 766
947+for criminal prosecution, for an order of erasure. 767
948+(2) As part of such petition, such person shall include a copy of the 768
949+arrest record or an affidavit supporting such person's petition that, in 769
950+the case of a violation of section 21a-279 of the general statutes, such 770
951+person possessed four ounces or less of a cannabis-type substance for 771
952+which such person was convicted, in the case of a violation of subsection 772
953+(a) of section 21a-267 of the general statutes, such person used or 773
954+possessed with intent to use such drug paraphernalia only to store, 774
955+contain or conceal, or to ingest, inhale or otherwise introduce into the 775
956+human body cannabis or in the case of a violation of subsection (b) of 776
957+section 21a-277 of the general statutes, such person manufactured, 777
958+distributed, sold, prescribed, compounded, transported with the intent 778
959+to sell or dispense, possessed with the intent to sell or dispense, offered, 779
960+gave or administered to another person less than or equal to four ounces 780
961+of a cannabis-type substance or six cannabis plants grown inside such 781
962+person's own primary residence for personal use. 782
963+(3) If such petition is in order, the Superior Court shall direct all police 783
964+and court records and records of the state's or prosecuting attorney 784
965+pertaining to such offense to be erased pursuant to the provisions of 785
966+section 54-142a of the general statutes. 786
967+(4) No fee may be charged in any court with respect to any petition 787
968+under this subsection. 788
969+Bill No.
970+
971+
972+
973+LCO No. 10834 27 of 295
974+
975+(b) The provisions of this section shall not apply to any police or court 789
976+records or records of the state's or prosecuting attorney pertaining to 790
977+such offense (1) while the criminal case is pending, or (2) in instances 791
978+where the case contains more than one count, until the records 792
979+pertaining to all counts are entitled to erasure, except that when the 793
980+criminal case is disposed of, electronic records or portions of electronic 794
981+records released to the public that reference a charge that would 795
982+otherwise be entitled to erasure under this section shall be erased in 796
983+accordance with the provisions of this section. 797
984+(c) For the purposes of this section, "court records" shall not include 798
985+a record or transcript of the proceedings made or prepared by an official 799
986+court reporter, court recording monitor or any other entity designated 800
987+by the Chief Court Administrator. 801
988+Sec. 9. (NEW) (Effective January 1, 2023) (a) Whenever on or after 802
989+January 1, 2000, but prior to October 1, 2015, any person has been 803
990+convicted in any court of this state of possession under subsection (c) of 804
991+section 21a-279 of the general statutes, all police and court records and 805
992+records of the state's or prosecuting attorney pertaining to such a 806
993+conviction in any court of this state shall be, pursuant to the provisions 807
994+of section 54-142a of the general statutes, (1) erased, if such records are 808
995+electronic records; or (2) deemed erased by operation of law, if such 809
996+records are not electronic records. 810
997+(b) The provisions of this section shall not apply to any police or court 811
998+records or the records of any state's attorney or prosecuting attorney 812
999+with respect to any record referencing more than one count unless and 813
1000+until all counts are entitled to erasure in accordance with the provisions 814
1001+of this section, except that electronic records or portions of electronic 815
1002+records released to the public that reference a charge that would 816
1003+otherwise be entitled to erasure under this section shall be erased in 817
1004+accordance with the provisions of this section. 818
1005+(c) Nothing in this section shall limit any other procedure for erasure 819
1006+Bill No.
1007+
1008+
1009+
1010+LCO No. 10834 28 of 295
1011+
1012+of criminal history record information, as defined in section 54-142g of 820
1013+the general statutes, or prohibit a person from participating in any such 821
1014+procedure, even if such person's electronic criminal history record 822
1015+information has been erased pursuant to this section. 823
1016+(d) For the purposes of this section, "electronic record" means any 824
1017+police or court record or record of any state's attorney or prosecuting 825
1018+attorney that is an electronic record, as defined in section 1-267 of the 826
1019+general statutes, other than a scanned copy of a physical document. 827
1020+(e) For the purposes of this section, "court records" shall not include 828
1021+a record or transcript of the proceedings made or prepared by an official 829
1022+court reporter, court recording monitor or any other entity designated 830
1023+by the Chief Court Administrator. 831
1024+(f) Nothing in this section shall be construed to require the partial 832
1025+redaction of physical documents or scanned copies of such documents 833
1026+held internally by any criminal justice agency. 834
1027+(g) Nothing in this section shall be construed to require the 835
1028+Department of Motor Vehicles to erase criminal history record 836
1029+information on an operator's driving record. When applicable, the 837
1030+Department of Motor Vehicles shall make such criminal history record 838
1031+information available through the Commercial Driver's License 839
1032+Information System. 840
1033+(h) A person whose records have been erased pursuant to this section 841
1034+may represent to any entity other than a criminal justice agency that 842
1035+they have not been arrested or convicted for the purposes of any such 843
1036+conviction for which such records have been erased. 844
1037+Sec. 10. Section 54-142e of the general statutes is repealed and the 845
1038+following is substituted in lieu thereof (Effective January 1, 2023): 846
1039+(a) Notwithstanding the provisions of subsection (e) of section 54-847
1040+142a and section 54-142c, with respect to any person, including, but not 848
1041+Bill No.
1042+
1043+
1044+
1045+LCO No. 10834 29 of 295
1046+
1047+limited to, a consumer reporting agency as defined in subsection (i) of 849
1048+section 31-51i, or a background screening provider or similar data-based 850
1049+service or company, that purchases criminal matters of public record, as 851
1050+defined in said subsection (i), from the Judicial Department or any 852
1051+criminal justice agency pursuant to subsection (b) of section 54-142g, the 853
1052+department shall make available to such person information concerning 854
1053+such criminal matters of public record that have been erased pursuant 855
1054+to section 54-142a. Such information may include docket numbers or 856
1055+other information that permits the person to identify and permanently 857
1056+delete records that have been erased pursuant to section 54-142a. 858
1057+(b) Each person, including, but not limited to, a consumer reporting 859
1058+agency or background screening provider or similar data-based service 860
1059+or company, that has purchased records of criminal matters of public 861
1060+record from the Judicial Department or any criminal justice agency 862
1061+shall, prior to disclosing such records, (1) purchase from the Judicial 863
1062+Department or such criminal justice agency, on a monthly basis or on 864
1063+such other schedule as the Judicial Department or such criminal justice 865
1064+agency may establish, any updated criminal matters of public record or 866
1065+information available for the purpose of complying with this section, 867
1066+and (2) update its records of criminal matters of public record to 868
1067+permanently delete such erased records not later than thirty calendar 869
1068+days after receipt of information on the erasure of criminal records 870
1069+pursuant to section 54-142a. Such person shall not further disclose such 871
1070+erased records. 872
1071+Sec. 11. (NEW) (Effective July 1, 2021) Notwithstanding any provision 873
1072+of the general statutes, no cannabis establishment, employee, or backer 874
1073+of a cannabis establishment may be subject to arrest or prosecution, 875
1074+penalized in any manner, including, but not limited to, being subject to 876
1075+any civil penalty, or denied any right or privilege, including, but not 877
1076+limited to, being subject to any disciplinary action by a professional 878
1077+licensing board, for the acquisition, distribution, possession, use or 879
1078+transportation of cannabis or paraphernalia related to cannabis in his or 880
1079+her capacity as a cannabis establishment, cannabis employee, or backer 881
1080+Bill No.
1081+
1082+
1083+
1084+LCO No. 10834 30 of 295
1085+
1086+so long as such person's activity is in accordance with the laws and 882
1087+regulations for such person's license or registration type set forth in 883
1088+RERACA. 884
1089+Sec. 12. (NEW) (Effective July 1, 2021) Except when required by federal 885
1090+law, an agreement between the federal government and the state, or 886
1091+because of a substantial risk to public health or safety, no state entity 887
1092+shall deny a professional license because of an individual's: (1) 888
1093+Employment or affiliation with a cannabis establishment; (2) possession 889
1094+or use of cannabis that is legal under section 21a-279a of the general 890
1095+statutes, or chapter 420f of the general statutes; or (3) cannabis use or 891
1096+possession conviction for an amount less than four ounces. 892
1097+Sec. 13. (NEW) (Effective July 1, 2021) (a) No person may manufacture, 893
1098+distribute, sell, prescribe, dispense, compound, transport with the intent 894
1099+to sell or dispense, possess with the intent to sell or dispense, offer, give 895
1100+or administer to another person cannabis or cannabis products, except 896
1101+as authorized in chapter 420b or 420f of the general statutes or sections 897
1102+41 to 49, inclusive, of this act. 898
1103+(b) (1) Except as provided in subsection (c) or (d) of this section, any 899
1104+person eighteen years of age or older who violates subsection (a) of this 900
1105+section (A) for a first offense, shall be guilty of a class B misdemeanor, 901
1106+and (B) for any subsequent offense, shall be guilty of a class A 902
1107+misdemeanor. 903
1108+(2) Any person under eighteen years of age who violates subsection 904
1109+(a) of this section shall be adjudicated delinquent pursuant to the 905
1110+provisions of section 46b-120 of the general statutes. 906
1111+(c) Any person eighteen years of age or older who violates subsection 907
1112+(a) of this section by manufacturing, distributing, selling, prescribing, 908
1113+compounding, transporting with the intent to sell or dispense, 909
1114+possessing with the intent to sell or dispense, offering, giving or 910
1115+administering to another person less than eight ounces of cannabis plant 911
1116+material, as defined in section 21a-279a of the general statutes, or an 912
1117+Bill No.
1118+
1119+
1120+
1121+LCO No. 10834 31 of 295
1122+
1123+equivalent amount of cannabis products or a combination of cannabis 913
1124+and cannabis products, as provided in subsection (i) of section 21a-279a 914
1125+of the general statutes, (1) for a first offense, shall be fined not more than 915
1126+five hundred dollars, and (2) for any subsequent offense, shall be guilty 916
1127+of a class C misdemeanor. 917
1128+(d) Any person eighteen years of age or older who before July 1, 2023, 918
1129+violates subsection (a) of this section by growing up to three mature 919
1130+cannabis plants and three immature cannabis plants in such person's 920
1131+own residence for personal use (1) for a first offense, shall be issued a 921
1132+written warning, (2) for a second offense, shall be fined not more than 922
1133+five hundred dollars, and (3) for any subsequent offense, shall be guilty 923
1134+of a class D misdemeanor. If evidence of a violation of this subsection is 924
1135+found in the course of any law enforcement activity other than 925
1136+investigation of a violation of this subsection or section 21a-278 or 21a-926
1137+279a of the general statutes, such evidence shall not be admissible in any 927
1138+criminal proceeding. 928
1139+Sec. 14. (NEW) (Effective July 1, 2021) Any consumer may give 929
1140+cannabis to another consumer, without compensation or consideration, 930
1141+provided such consumer reasonably believes such other consumer may 931
1142+possess such cannabis without exceeding the possession limit pursuant 932
1143+to subsection (a) of section 21a-279a of the general statutes. 933
1144+Sec. 15. Subsection (b) of section 21a-277 of the general statutes is 934
1145+repealed and the following is substituted in lieu thereof (Effective July 1, 935
1146+2021): 936
1147+(b) (1) No person may manufacture, distribute, sell, prescribe, 937
1148+dispense, compound, transport with the intent to sell or dispense, 938
1149+possess with the intent to sell or dispense, offer, give or administer to 939
1150+another person, except as authorized in this chapter or chapter 420f, any 940
1151+controlled substance other than [a] (A) a narcotic substance, or (B) a 941
1152+hallucinogenic substance, or (C) cannabis. 942
1153+Bill No.
1154+
1155+
1156+
1157+LCO No. 10834 32 of 295
1158+
1159+(2) Any person who violates subdivision (1) of this subsection (A) for 943
1160+a first offense, may be fined not more than twenty-five thousand dollars 944
1161+or imprisoned not more than seven years, or be both fined and 945
1162+imprisoned, and (B) for any subsequent offense, may be fined not more 946
1163+than one hundred thousand dollars or imprisoned not more than fifteen 947
1164+years, or be both fined and imprisoned. 948
1165+(3) For purposes of this subsection, "cannabis" has the same meaning 949
1166+as provided in section 1 of this act. 950
1167+Sec. 16. (NEW) (Effective July 1, 2021) (a) Except as provided in 951
1168+subsection (b) of this section, use or possession of cannabis by a person 952
1169+that does not violate section 21a-279a of the general statutes, or chapter 953
1170+420f of the general statutes shall not be grounds for revocation of such 954
1171+person's parole, special parole or probation. 955
1172+(b) If a person's conditions of parole, special parole or probation 956
1173+include a finding that use of cannabis would pose a danger to such 957
1174+person or to the public and a condition that such person not use 958
1175+cannabis and individualized reasons supporting such finding, use of 959
1176+cannabis may be grounds for revocation of parole, special parole or 960
1177+probation. Such finding shall not consider any prior arrests or 961
1178+convictions for use or possession of cannabis. 962
1179+Sec. 17. Subsection (c) of section 54-63d of the general statutes is 963
1180+repealed and the following is substituted in lieu thereof (Effective July 1, 964
1181+2021): 965
1182+(c) In addition to or in conjunction with any of the conditions 966
1183+enumerated in subdivisions (1) to (4), inclusive, of subsection (a) of this 967
1184+section, the bail commissioner or intake, assessment and referral 968
1185+specialist may impose nonfinancial conditions of release, which may 969
1186+require that the arrested person do any of the following: (1) Remain 970
1187+under the supervision of a designated person or organization; (2) 971
1188+comply with specified restrictions on the person's travel, association or 972
1189+place of abode; (3) not engage in specified activities, including the use 973
1190+Bill No.
1191+
1192+
1193+
1194+LCO No. 10834 33 of 295
1195+
1196+or possession of a dangerous weapon, or the unlawful use or possession 974
1197+of an intoxicant or controlled substance; (4) not use classes of intoxicants 975
1198+or controlled substances, if such bail commissioner makes a finding that 976
1199+use of such classes of intoxicants or controlled substances would pose a 977
1200+danger to the arrested person or to the public and includes 978
1201+individualized reasons supporting such finding. Such finding shall not 979
1202+consider any prior arrests or convictions for use or possession of 980
1203+cannabis; (5) avoid all contact with an alleged victim of the crime and 981
1204+with a potential witness who may testify concerning the offense; or [(5)] 982
1205+(6) satisfy any other condition that is reasonably necessary to ensure the 983
1206+appearance of the person in court. Any of the conditions imposed under 984
1207+subsection (a) of this section and this subsection by the bail 985
1208+commissioner or intake, assessment and referral specialist shall be 986
1209+effective until the appearance of such person in court. 987
1210+Sec. 18. (NEW) (Effective July 1, 2021) (a) Except as provided in 988
1211+subsection (c) of this section, the existence of any of the following 989
1212+circumstances shall not constitute in part or in whole probable cause or 990
1213+reasonable suspicion and shall not be used as a basis to support any stop 991
1214+or search of a person or motor vehicle: 992
1215+(1) The odor of cannabis or burnt cannabis; 993
1216+(2) The possession of or the suspicion of possession of cannabis 994
1217+without evidence that the quantity of cannabis is or suspected to be in 995
1218+excess of five ounces of cannabis plant material, as defined in section 996
1219+21a-279a of the general statutes, or an equivalent amount of cannabis 997
1220+products or a combination of cannabis and cannabis products, as 998
1221+provided in subsection (i) of section 21a-279a of the general statutes; or 999
1222+(3) The presence of cash or currency in proximity to cannabis without 1000
1223+evidence that such cash or currency exceeds five hundred dollars. 1001
1224+(b) Any evidence discovered as a result of any stop or search 1002
1225+conducted in violation of this section shall not be admissible in evidence 1003
1226+Bill No.
1227+
1228+
1229+
1230+LCO No. 10834 34 of 295
1231+
1232+in any trial, hearing or other proceeding in a court of this state. 1004
1233+(c) A law enforcement official may conduct a test for impairment 1005
1234+based on the odor of cannabis or burnt cannabis if such official 1006
1235+reasonably suspects the operator or a passenger of a motor vehicle of 1007
1236+violating section 14-227, 14-227a, 14-227m or 14-227n of the general 1008
1237+statutes. 1009
1238+Sec. 19. Subsection (d) of section 10-221 of the general statutes is 1010
1239+repealed and the following is substituted in lieu thereof (Effective October 1011
1240+1, 2021): 1012
1241+(d) Not later than July 1, 1991, each local and regional board of 1013
1242+education shall develop, adopt and implement policies and procedures 1014
1243+in conformity with section 10-154a for (1) dealing with the use, sale or 1015
1244+possession of alcohol or controlled drugs, as defined in subdivision (8) 1016
1245+of section 21a-240, by public school students on school property, 1017
1246+including a process for coordination with, and referral of such students 1018
1247+to, appropriate agencies, and (2) cooperating with law enforcement 1019
1248+officials. On and after January 1, 2022, no such policies and procedures 1020
1249+shall result in a student facing greater discipline, punishment or 1021
1250+sanction for use, sale or possession of cannabis than a student would 1022
1251+face for the use, sale or possession of alcohol. 1023
1252+Sec. 20. (NEW) (Effective October 1, 2021) Any person who provides 1024
1253+cannabis, as defined in section 1 of this act, to a domesticated animal, 1025
1254+shall be guilty of a class C misdemeanor. 1026
1255+Sec. 21. (NEW) (Effective July 1, 2021) (a) Except as provided in 1027
1256+RERACA and chapter 420b or 420f of the general statutes, (1) no person, 1028
1257+other than a retailer, hybrid retailer, micro-cultivator or delivery service, 1029
1258+or an employee thereof in the course of his or her employment, may sell 1030
1259+or offer cannabis to a consumer, and (2) no person, other than a hybrid 1031
1260+retailer, dispensary facility or a delivery service, or an employee thereof 1032
1261+in the course of his or her employment, may sell or offer cannabis to 1033
1262+qualifying patients and caregivers. 1034
1263+Bill No.
1264+
1265+
1266+
1267+LCO No. 10834 35 of 295
1268+
1269+(b) No person except a delivery service, or an employee thereof, 1035
1270+subject to the restrictions set forth in section 47 of this act, in the course 1036
1271+of his or her employment may deliver cannabis to consumers, patients 1037
1272+or caregivers except that retailers, hybrid retailers, micro-cultivators and 1038
1273+dispensary facilities may utilize their own employees to deliver 1039
1274+cannabis to the same individuals they may sell to pursuant to subsection 1040
1275+(a) of this section until thirty days after the date the first five delivery 1041
1276+service licensees have commenced public operation, which date shall be 1042
1277+published by the commissioner on the department's Internet web site, 1043
1278+and thereafter all delivery to consumers, patients or caregivers shall be 1044
1279+done through a delivery service licensee. 1045
1280+Sec. 22. (NEW) (Effective from passage) (a) There is established a Social 1046
1281+Equity Council, which shall be within the Department of Economic and 1047
1282+Community Development for administrative purposes only. 1048
1283+(b) The council shall consist of fifteen members as follows: 1049
1284+(1) One appointed by the speaker of the House of Representatives, 1050
1285+who has a professional background of not less than five years working 1051
1286+in the field of either social justice or civil rights; 1052
1287+(2) One appointed by the president pro tempore of the Senate, who 1053
1288+has a professional background of not less than five years working in the 1054
1289+field of either social justice or civil rights; 1055
1290+(3) One appointed by the majority leader of the House of 1056
1291+Representatives, who has a professional background of not less than five 1057
1292+years working in the field of economic development to help minority-1058
1293+owned businesses; 1059
1294+(4) One appointed by the majority leader of the Senate, who has a 1060
1295+professional background of not less than five years in providing access 1061
1296+to capital to minorities, as defined in section 32-9n of the general 1062
1297+statutes; 1063
1298+Bill No.
1299+
1300+
1301+
1302+LCO No. 10834 36 of 295
1303+
1304+(5) One appointed by the minority leader of the House of 1064
1305+Representatives, who is from a community that has been 1065
1306+disproportionately harmed by cannabis prohibition and enforcement; 1066
1307+(6) One appointed by the minority leader of the Senate, who has a 1067
1308+professional background of not less than five years in providing access 1068
1309+to capital to minorities, as defined in section 32-9n of the general 1069
1310+statutes; 1070
1311+(7) One appointed by the chairperson of the Black and Puerto Rican 1071
1312+Caucus of the General Assembly; 1072
1313+(8) Four appointed by the Governor, one who is from a community 1073
1314+that has been disproportionately harmed by cannabis prohibition and 1074
1315+enforcement, one who has a professional background of not less than 1075
1316+five years working in the field of economic development and one who 1076
1317+is an executive branch official focused on workforce development; 1077
1318+(9) The Commissioner of Consumer Protection, or the commissioner's 1078
1319+designee; 1079
1320+(10) The Commissioner of Economic and Community Development, 1080
1321+or the commissioner's designee; 1081
1322+(11) The State Treasurer, or the State Treasurer's designee; and 1082
1323+(12) The Secretary of the Office of Policy and Management, or the 1083
1324+secretary's designee. 1084
1325+(c) In making the appointments in subsection (b) of this section, the 1085
1326+appointing authority shall use best efforts to make appointments that 1086
1327+reflect the racial, gender and geographic diversity of the population of 1087
1328+the state. All appointments shall be made not later than thirty days after 1088
1329+the effective date of this section and the Governor shall appoint the 1089
1330+chairperson of the council from among the members of the council. 1090
1331+Members appointed by the Governor shall serve a term of four years 1091
1332+from the time of appointment and members appointed by any other 1092
1333+Bill No.
1334+
1335+
1336+
1337+LCO No. 10834 37 of 295
1338+
1339+appointing authority shall serve a term of three years from the time of 1093
1340+appointment. The appointing authority shall fill any vacancy for the 1094
1341+unexpired term. The Governor shall appoint an interim executive 1095
1342+director to operationalize and support the council until, 1096
1343+notwithstanding the provisions of section 4-9a of the general statutes, 1097
1344+the council appoints an executive director. Subject to the provisions of 1098
1345+chapter 67 of the general statutes, and within available appropriations, 1099
1346+the council may thereafter appoint an executive director and such other 1100
1347+employees as may be necessary for the discharge of the duties of the 1101
1348+council. 1102
1349+(d) A majority of the members of the council shall constitute a 1103
1350+quorum for the transaction of any business. The members of the council 1104
1351+shall serve without compensation, but shall, within available 1105
1352+appropriations, be reimbursed for expenses necessarily incurred in the 1106
1353+performance of their duties. 1107
1354+(e) The council may (1) request, and shall receive, from any state 1108
1355+agency such information and assistance as the council may require; (2) 1109
1356+use such funds as may be available from federal, state or other sources 1110
1357+and may enter into contracts to carry out the purposes of the council, 1111
1358+including, but not limited to, contracts or agreements with Connecticut 1112
1359+Innovations, Incorporated, constituent units of the state system of 1113
1360+higher education, regional workforce development boards and 1114
1361+community development financial institutions; (3) utilize voluntary and 1115
1362+uncompensated services of private individuals, state or federal agencies 1116
1363+and organizations as may, from time to time, be offered and needed; (4) 1117
1364+accept any gift, donation or bequest for the purpose of performing the 1118
1365+duties of the council; (5) hold public hearings; (6) establish such 1119
1366+standing committees, as necessary, to perform the duties of the council; 1120
1367+and (7) adopt regulations, in accordance with chapter 54 of the general 1121
1368+statutes, as it may deem necessary to carry out the duties of the council. 1122
1369+(f) The council shall promote and encourage full participation in the 1123
1370+cannabis industry by persons from communities that have been 1124
1371+Bill No.
1372+
1373+
1374+
1375+LCO No. 10834 38 of 295
1376+
1377+disproportionately harmed by cannabis prohibition and enforcement. 1125
1378+(g) Not later than forty-five days after the effective date of this 1126
1379+section, or at a later date determined by the council, the council shall 1127
1380+establish criteria for proposals to conduct a study under this section and 1128
1381+the Secretary of the Office of Policy and Management shall post on the 1129
1382+State Contracting Portal a request for proposals to conduct a study, and 1130
1383+shall select an independent third party to conduct such study and 1131
1384+provide detailed findings of fact regarding the following matters in the 1132
1385+state or other matters determined by the council: 1133
1386+(1) Historical and present-day social, economic and familial 1134
1387+consequences of cannabis prohibition, the criminalization and 1135
1388+stigmatization of cannabis use and related public policies; 1136
1389+(2) Historical and present-day structures, patterns, causes and 1137
1390+consequences of intentional and unintentional racial discrimination and 1138
1391+racial disparities in the development, application and enforcement of 1139
1392+cannabis prohibition and related public policies; 1140
1393+(3) Foreseeable long-term social, economic and familial consequences 1141
1394+of unremedied past racial discrimination and disparities arising from 1142
1395+past and continued cannabis prohibition, stigmatization and 1143
1396+criminalization; 1144
1397+(4) Existing patterns of racial discrimination and racial disparities in 1145
1398+access to entrepreneurship, employment and other economic benefits 1146
1399+arising in the lawful palliative use cannabis sector as established 1147
1400+pursuant to chapter 420f of the general statutes; and 1148
1401+(5) Any other matters that the council deems relevant and feasible for 1149
1402+study for the purpose of making reasonable and practical 1150
1403+recommendations for the establishment of an equitable and lawful 1151
1404+adult-use cannabis business sector in this state. 1152
1405+(h) Not later than January 1, 2022, the council shall, taking into 1153
1406+Bill No.
1407+
1408+
1409+
1410+LCO No. 10834 39 of 295
1411+
1412+account the results of the study conducted in accordance with 1154
1413+subsection (g) of this section, make written recommendations, in 1155
1414+accordance with the provisions of section 11-4a of the general statutes, 1156
1415+to the Governor and the joint standing committees of the General 1157
1416+Assembly having cognizance of matters relating to finance, revenue and 1158
1417+bonding, consumer protection and the judiciary regarding legislation to 1159
1418+implement the provisions of this section. The council shall make 1160
1419+recommendations regarding: 1161
1420+(1) Creating programs to ensure that individuals from communities 1162
1421+that have been disproportionately harmed by cannabis prohibition and 1163
1422+enforcement are provided equal access to licenses for cannabis 1164
1423+establishments; 1165
1424+(2) Specifying additional qualifications for social equity applicants; 1166
1425+(3) Providing for expedited or priority license processing for each 1167
1426+license as a retailer, hybrid retailer, cultivator, micro-cultivator, product 1168
1427+manufacturer, food and beverage manufacturer, product packager, 1169
1428+transporter and delivery service license for social equity applicants; 1170
1429+(4) Establishing minimum criteria for any cannabis establishment 1171
1430+licensed on or after January 1, 2022, that is not owned by a social equity 1172
1431+applicant, to comply with an approved workforce development plan to 1173
1432+reinvest or provide employment and training opportunities for 1174
1433+individuals in disproportionately impacted areas; 1175
1434+(5) Establishing criteria for a social equity plan for any cannabis 1176
1435+establishment licensed on or after January 1, 2022, to further the 1177
1436+principles of equity, as defined in section 1 of this act; 1178
1437+(6) Recruiting individuals from communities that have been 1179
1438+disproportionately harmed by cannabis prohibition and enforcement to 1180
1439+enroll in the workforce training program established pursuant to section 1181
1440+39 of this act; 1182
1441+Bill No.
1442+
1443+
1444+
1445+LCO No. 10834 40 of 295
1446+
1447+(7) Potential uses for revenue generated under RERACA to further 1183
1448+equity; 1184
1449+(8) Encouraging participation of investors, cannabis establishments, 1185
1450+and entrepreneurs in the cannabis business accelerator program 1186
1451+established pursuant to section 38 of this act; 1187
1452+(9) Establishing a process to best ensure that social equity applicants 1188
1453+have access to the capital and training needed to own and operate a 1189
1454+cannabis establishment; and 1190
1455+(10) Developing a vendor list of women-owned and minority-owned 1191
1456+businesses that cannabis establishments may contract with for necessary 1192
1457+services, including, but not limited to, office supplies, information 1193
1458+technology infrastructure and cleaning services. 1194
1459+(i) Not later than August 1, 2021, and annually thereafter, the council 1195
1460+shall use the most recent five-year United States Census Bureau 1196
1461+American Community Survey estimates or any successor data to 1197
1462+determine one or more United States census tracts in the state that are a 1198
1463+disproportionately impacted area and shall publish a list of such tracts 1199
1464+on the council's Internet web site. 1200
1465+(j) After developing criteria for workforce development plans as 1201
1466+described in subdivision (4) of subsection (h) of this section, the council 1202
1467+shall review and approve or deny in writing any such plan submitted 1203
1468+by a producer under section 26 of this act or a hybrid-retailer under 1204
1469+section 145 of this act. 1205
1470+(k) The council shall develop criteria for evaluating the ownership 1206
1471+and control of any joint venture created under section 27 or 145 of this 1207
1472+act and shall review and approve or deny in writing such joint venture 1208
1473+prior to such joint venture being licensed under section 27 or 145 of this 1209
1474+act. After developing criteria for social equity plans as described in 1210
1475+subdivision (5) of subsection (h) of this section, the council shall review 1211
1476+and approve or deny in writing any such plan submitted by a cannabis 1212
1477+Bill No.
1478+
1479+
1480+
1481+LCO No. 10834 41 of 295
1482+
1483+establishment as part of its final license application. 1213
1484+(l) The Social Equity Council shall, upon receipt of funds from 1214
1485+producers in accordance with subdivision (5) of subsection (b) of section 1215
1486+26 of this act, develop a program to assist social equity applicants to 1216
1487+open not more than two micro-cultivator establishment businesses in 1217
1488+total. Producers shall provide mentorship to such social equity 1218
1489+applicants. The Social Equity Council shall, with the department, 1219
1490+determine a system to select social equity applicants to participate in 1220
1491+such program without participating in a lottery or request for proposals. 1221
1492+Sec. 23. (Effective from passage) Not later than October 1, 2023, the 1222
1493+Social Equity Council established pursuant to section 22 of this act shall 1223
1494+report to the Governor and the joint standing committee of the General 1224
1495+Assembly having cognizance of matters relating to the judiciary, (1) data 1225
1496+on any arrest or conviction for possession, manufacture or sale of 1226
1497+cannabis pursuant to section 21a-279a of the general statutes and section 1227
1498+13 of this act, and (2) a breakdown of such arrests or convictions by 1228
1499+town, race, gender and age. 1229
1500+Sec. 24. (NEW) (Effective July 1, 2021) (a) Any person shall be twenty-1230
1501+one years of age or older to: (1) Hold any cannabis establishment license 1231
1502+issued pursuant to RERACA; or (2) be a backer or key employee of a 1232
1503+cannabis establishment that is licensed pursuant to RERACA. 1233
1504+(b) Any person shall be eighteen years of age or older to (1) be an 1234
1505+employee of a cannabis establishment that is licensed pursuant to 1235
1506+RERACA; or (2) be employed by a cannabis establishment or a licensee 1236
1507+pursuant to chapter 420f of the general statutes. 1237
1508+(c) All employees of a cannabis establishment shall obtain a 1238
1509+registration and all key employees and backers of a cannabis 1239
1510+establishment shall obtain a license from the department, on a form and 1240
1511+in a manner prescribed by the commissioner, except for (1) delivery 1241
1512+service or transporter employees who do not (A) engage in the 1242
1513+transport, storage or distribution of, or have access to, cannabis, or (B) 1243
1514+Bill No.
1515+
1516+
1517+
1518+LCO No. 10834 42 of 295
1519+
1520+engage in security controls or contract management with other cannabis 1244
1521+establishments; (2) product packager employees who do not (A) have 1245
1522+access to cannabis, or (B) engage in physical packaging, security controls 1246
1523+or contract management with other cannabis establishments; and (3) 1247
1524+other employee categories, as determined by the commissioner, 1248
1525+provided under no circumstances shall a key employee be exempt from 1249
1526+the licensure requirements of this section. 1250
1527+Sec. 25. (NEW) (Effective July 1, 2021) (a) No agency or political 1251
1528+subdivision of the state may rely on a violation of federal law related to 1252
1529+cannabis as the sole basis for taking an adverse action against a person, 1253
1530+except for any adverse action taken as required by federal law, 1254
1531+including, but not limited to, the state's disqualification of a commercial 1255
1532+driver's license, commercial learner's permit, commercial motor vehicle 1256
1533+operator's privilege or hazardous materials endorsement for violations 1257
1534+of federal law related to cannabis for which the Federal Motor Carrier 1258
1535+Safety Regulations or the Hazardous Materials Regulations require 1259
1536+disqualification, or for which the Federal Motor Carrier Safety 1260
1537+Administration or the Pipeline and Hazardous Materials Safety 1261
1538+Administration has, based upon such violation, issued a disqualification 1262
1539+order. 1263
1540+(b) It is the public policy of this state that contracts related to the 1264
1541+operation of a cannabis establishment business are enforceable. 1265
1542+(c) It is the public policy of this state that no contract entered into by 1266
1543+a licensed cannabis establishment or its agents as authorized in 1267
1544+accordance with a valid license, or by those who allow property to be 1268
1545+used by a cannabis establishment, its employees, backers or its agents as 1269
1546+authorized in accordance with a valid license, shall be unenforceable on 1270
1547+the basis that cultivating, obtaining, manufacturing, distributing, 1271
1548+dispensing, transporting, selling, possessing or using cannabis is 1272
1549+prohibited by federal law. 1273
1550+(d) No law enforcement officer employed by an agency that receives 1274
1551+Bill No.
1552+
1553+
1554+
1555+LCO No. 10834 43 of 295
1556+
1557+state or local government funds shall expend state or local resources, 1275
1558+including the officer's time, to effect any arrest or seizure of cannabis, or 1276
1559+conduct any investigation, on the sole basis of activity the officer 1277
1560+believes to constitute a violation of federal law if the officer has reason 1278
1561+to believe that such activity is in compliance with sections 20 to 65, 1279
1562+inclusive, of this act or chapter 420f of the general statutes. 1280
1563+(e) An officer may not expend state or local resources, including the 1281
1564+officer's time, to provide any information or logistical support to any 1282
1565+federal law enforcement authority or prosecuting entity related to 1283
1566+activity the officer believes to constitute a violation of federal law if the 1284
1567+officer has reason to believe that such activity is in compliance with the 1285
1568+provisions of sections 20 to 65, inclusive, of this act or chapter 420f of the 1286
1569+general statutes. 1287
1570+Sec. 26. (NEW) (Effective July 1, 2021) (a) In addition to activity 1288
1571+permitted under chapter 420f of the general statutes, a producer may 1289
1572+sell, deliver, transfer, transport, manufacture or package cannabis 1290
1573+utilizing a transporter or the producer's own employees, to cannabis 1291
1574+establishments, upon authorization for such expanded activity in 1292
1575+writing by the commissioner, provided a producer may not transport 1293
1576+any cannabis to consumers, patients or caregivers directly or through a 1294
1577+delivery service. 1295
1578+(b) To obtain approval from the commissioner to engage in expanded 1296
1579+activity as described in subsection (a) of this section, a producer shall 1297
1580+submit (1) a complete license expansion application on a form 1298
1581+prescribed by the commissioner, (2) a medical cannabis preservation 1299
1582+plan, to ensure against supply shortages of medical marijuana products, 1300
1583+which shall be approved or denied at the commissioner's discretion, (3) 1301
1584+payment of a conversion fee of three million dollars, provided, if the 1302
1585+producer participates in at least two approved equity joint ventures as 1303
1586+described in section 27 of this act, such fee shall be one million five 1304
1587+hundred thousand dollars, (4) a workforce development plan in 1305
1588+accordance with requirements developed by the Social Equity Council, 1306
1589+Bill No.
1590+
1591+
1592+
1593+LCO No. 10834 44 of 295
1594+
1595+that has been reviewed and approved by the Social Equity Council in 1307
1596+accordance with section 22 of this act, and (5) (A) a contribution of five 1308
1597+hundred thousand dollars to the Social Equity Council for the program 1309
1598+established by the council in accordance with subsection (l) of section 22 1310
1599+of this act, or (B) evidence of an agreement with a social equity partner 1311
1600+pursuant to subsection (c) of this section. 1312
1601+(c) Any producer seeking to obtain approval under subsection (b) of 1313
1602+this section may enter into an agreement with a social equity partner to 1314
1603+provide such partner five per cent of the grow space associated with the 1315
1604+expanded activity of the producer, to establish a social equity business. 1316
1605+The producer shall provide to the social equity partner, for a period of 1317
1606+not less than five years, mentorship and all overhead costs that are 1318
1607+necessary to ensure success, as determined by the Social Equity Council 1319
1608+and codified in an agreement between the social equity partner and 1320
1609+producer. The producer shall ensure that the social equity partner 1321
1610+complies with the cannabis cultivation, testing, labeling, tracking, 1322
1611+reporting and manufacturing provisions of RERACA as they apply to 1323
1612+cultivators. The social equity partner shall own, and be entitled to, one 1324
1613+hundred per cent of the profits of the social equity business established 1325
1614+under this subsection. The Social Equity Council may require evidence 1326
1615+of a social equity partnership that includes, but need not be limited to, 1327
1616+evidence of business formation, ownership allocation, terms of 1328
1617+ownership and financing and proof of social equity applicant 1329
1618+involvement. The producer or social equity partner shall submit to the 1330
1619+Social Equity Council information including, but not limited to, the 1331
1620+organizing documents of the entity that outline the ownership stake of 1332
1621+each backer, initial backer investment and payout information to enable 1333
1622+the council to determine the terms of ownership. Prior to submitting the 1334
1623+agreement to the department, the social equity partner and business 1335
1624+agreement shall be approved by the Social Equity Council. 1336
1625+(d) For purposes of this section, "social equity partner" means a 1337
1626+person that is at least sixty-five per cent owned and controlled by an 1338
1627+individual or individuals, or such applicant is an individual, who: 1339
1628+Bill No.
1629+
1630+
1631+
1632+LCO No. 10834 45 of 295
1633+
1634+(1) Had an average household income of less than three hundred per 1340
1635+cent of the state median household income over the three tax years 1341
1636+immediately preceding such individual's application; and 1342
1637+(2) (A) Was a resident of a disproportionately impacted area for not 1343
1638+less than five of the ten years immediately preceding the date of such 1344
1639+application; or 1345
1640+(B) Was a resident of a disproportionately impacted area for not less 1346
1641+than nine years prior to attaining the age of eighteen. 1347
1642+Sec. 27. (NEW) (Effective July 1, 2021) (a) In order to pay a reduced 1348
1643+license expansion authorization fee as described in subsection (b) of 1349
1644+section 26 of this act, a producer shall commit to create two equity joint 1350
1645+ventures to be approved by the Social Equity Council under section 22 1351
1646+of this act and licensed by the department under this section. 1352
1647+(b) The equity joint venture shall be in any cannabis establishment 1353
1648+licensed business, other than a cultivator license, provided the social 1354
1649+equity applicant shall own at least fifty per cent of such business. 1355
1650+(c) The producer or social equity applicant of an equity joint venture 1356
1651+shall submit an application to the Social Equity Council that may 1357
1652+include, but need not be limited to, evidence of business formation, 1358
1653+ownership allocation, terms of ownership and financing and proof of 1359
1654+social equity applicant involvement. The producer or social equity 1360
1655+applicant of an equity joint venture shall submit to the Social Equity 1361
1656+Council information including, but not limited to, the organizing 1362
1657+documents of the entity that outline the ownership stake of each backer, 1363
1658+initial backer investment and payout information to enable the council 1364
1659+to determine the terms of ownership. 1365
1660+(d) Upon obtaining the written approval of the Social Equity Council 1366
1661+for an equity joint venture, the producer or social equity applicant of the 1367
1662+equity joint venture shall apply for a license from the department in the 1368
1663+same form as required by all other licensees of the same license type, 1369
1664+Bill No.
1665+
1666+
1667+
1668+LCO No. 10834 46 of 295
1669+
1670+except that such application shall not be subject to the lottery. 1370
1671+(e) A producer, including the backer of such producer, shall not 1371
1672+increase its ownership in an equity joint venture in excess of fifty per 1372
1673+cent during the seven-year period after a license is issued by the 1373
1674+department under this section. 1374
1675+(f) Equity joint ventures that share a common producer or producer 1375
1676+backer and that are retailers or hybrid retailers shall not be located 1376
1677+within twenty miles of another commonly owned equity joint venture. 1377
1678+(g) If a producer had paid a reduced conversion fee as described in 1378
1679+subsection (b) of section 26 of this act, and subsequently did not create 1379
1680+two equity joint ventures under this section, the producer shall be liable 1380
1681+for the full conversion fee of three million dollars. 1381
1682+Sec. 28. (NEW) (Effective July 1, 2021) (a) No cannabis retailer or 1382
1683+hybrid retailer shall accept payment or other form of compensation 1383
1684+directly or indirectly from a cultivator, micro-cultivator, producer, food 1384
1685+and beverage manufacturer, product manufacturer or product packager 1385
1686+to carry a cannabis product or for placement or promotion of such 1386
1687+product in a retailer or hybrid retailer's establishment or through other 1387
1688+promotional initiatives. No retailer or hybrid retailer shall enter into a 1388
1689+contract with a cultivator, micro-cultivator, producer, food and 1389
1690+beverage manufacturer, product manufacturer or product packager that 1390
1691+requires or permits preferential treatment, exclusivity or near 1391
1692+exclusivity or limits a retailer or hybrid retailer from purchasing from 1392
1693+other cultivators, micro-cultivators, producers, food and beverage 1393
1694+manufacturers or product manufacturers in any way. 1394
1695+(b) No cannabis establishment shall produce, manufacture or sell 1395
1696+cannabis that is intended for use or consumption by animals. 1396
1697+(c) A retailer or hybrid retailer shall not knowingly sell to a consumer 1397
1698+more than one ounce of cannabis or the equivalent amount of cannabis 1398
1699+products or combination of cannabis and cannabis products, as set forth 1399
1700+Bill No.
1701+
1702+
1703+
1704+LCO No. 10834 47 of 295
1705+
1706+in subsection (i) of section 21a-279a of the general statutes, per day, 1400
1707+except that a hybrid retailer or dispensary facility may sell up to five 1401
1708+ounces of cannabis or the equivalent amount of cannabis products or 1402
1709+combination of cannabis and cannabis products to a qualifying patient 1403
1710+or caregiver per day. Notwithstanding the requirements of sections 4-1404
1711+168 to 4-172, inclusive, of the general statutes, to avoid cannabis supply 1405
1712+shortages or address a public health and safety concern, the 1406
1713+commissioner may set temporary lower per-transaction limits, which 1407
1714+shall be published on the department's Internet web site. Such limits 1408
1715+shall become ineffective upon the commissioner's determination that a 1409
1716+supply shortage or public health and safety concern no longer exists. 1410
1717+(d) No cannabis establishment, except a producer, cultivator or 1411
1718+micro-cultivator, may acquire or possess a live cannabis plant. 1412
1719+(e) No person issued a license or registration pursuant to RERACA 1413
1720+shall (1) assign or transfer such license or registration without the 1414
1721+commissioner's prior approval, or (2) sell, transfer or transport cannabis 1415
1722+to, or obtain cannabis from, a location outside of this state if such activity 1416
1723+would be in violation of federal law. 1417
1724+Sec. 29. (NEW) (Effective July 1, 2021) (a) Each employee of a cannabis 1418
1725+establishment, laboratory or research program, other than a key 1419
1726+employee, shall annually apply for and obtain a registration, on a form 1420
1727+and in a manner prescribed by the commissioner, prior to commencing 1421
1728+employment at the cannabis establishment business. 1422
1729+(b) No person shall act as a backer or key employee, or represent that 1423
1730+such person is a backer or key employee, unless such person has 1424
1731+obtained a license from the department pursuant to this subsection. 1425
1732+Such person shall apply for a license on a form and in a manner 1426
1733+prescribed by the commissioner. Such form may require the applicant 1427
1734+to: (1) Submit to a state and national criminal history records check 1428
1735+conducted in accordance with section 29-17a of the general statutes, 1429
1736+which may include a financial history check if requested by the 1430
1737+Bill No.
1738+
1739+
1740+
1741+LCO No. 10834 48 of 295
1742+
1743+commissioner, to determine the character and fitness of the applicant for 1431
1744+the license, (2) provide information sufficient for the department to 1432
1745+assess whether the applicant has an ownership interest in any other 1433
1746+cannabis establishment, cannabis establishment applicant or cannabis-1434
1747+related business nationally or internationally, (3) provide demographic 1435
1748+information, and (4) obtain such other information as the department 1436
1749+determines is consistent with the requirements of RERACA or chapter 1437
1750+420f of the general statutes. A backer or key employee shall be denied a 1438
1751+license in the event his or her background check reveals a disqualifying 1439
1752+conviction. 1440
1753+(c) Except as provided in subsection (d) of this section, any person 1441
1754+who receives a cannabis establishment license, backer or key employee 1442
1755+license or employee registration issued pursuant to subsection (a) of this 1443
1756+section shall notify the department, in writing, of any changes to the 1444
1757+information supplied on the application for such license or registration 1445
1758+not later than five business days after such change. 1446
1759+(d) Any person who receives a cannabis establishment license or 1447
1760+backer or key employee license shall notify the department, in a manner 1448
1761+prescribed by the department, of any arrest or conviction of such person 1449
1762+for an offense that would constitute a disqualifying conviction, as 1450
1763+defined in section 1 of this act, not later than forty-eight hours after such 1451
1764+arrest or conviction. 1452
1765+(e) The department may adopt regulations in accordance with the 1453
1766+provisions of chapter 54 of the general statutes to implement the 1454
1767+provisions of this section, or may adopt policies and procedures as set 1455
1768+forth in section 32 of this act prior to adopting such final regulations. 1456
1769+Sec. 30. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 1457
1770+commissioner shall require all individuals listed on an application for a 1458
1771+cannabis establishment license, laboratory or research program license, 1459
1772+or key employee license to submit to fingerprint-based state and 1460
1773+national criminal history records checks before such license is issued. 1461
1774+Bill No.
1775+
1776+
1777+
1778+LCO No. 10834 49 of 295
1779+
1780+The criminal history records checks required pursuant to this subsection 1462
1781+shall be conducted in accordance with section 29-17a of the general 1463
1782+statutes. Upon renewal, the commissioner may require all individuals 1464
1783+listed on an application for a cannabis establishment license, laboratory 1465
1784+or research program license, or key employee license to be fingerprinted 1466
1785+and submit to a state and national criminal history records check 1467
1786+conducted in accordance with section 29-17a of the general statutes 1468
1787+before such renewal license is issued. 1469
1788+(b) The department shall charge the applicant a fee equal to the 1470
1789+amount charged to the department to conduct a state and national 1471
1790+criminal history records check of the applicant. 1472
1791+Sec. 31. (NEW) (Effective July 1, 2021) Notwithstanding the provisions 1473
1792+of sections 29 and 30 of this act, the commissioner may accept a third-1474
1793+party local and national criminal background check submitted by an 1475
1794+applicant for a backer or key employee license or renewal in lieu of a 1476
1795+fingerprint-based national criminal history records check. Any such 1477
1796+third-party background check shall (1) be conducted by a third-party 1478
1797+consumer reporting agency or background screening company that is in 1479
1798+compliance with the federal Fair Credit Reporting Act and accredited 1480
1799+by the Professional Background Screening Association, and (2) include 1481
1800+a multistate and multi-jurisdiction criminal record locator or other 1482
1801+similar commercial nation-wide database with validation, and other 1483
1802+such background screening as the commissioner may require. The 1484
1803+applicant shall request such background check not more than sixty days 1485
1804+prior to submission of the application. 1486
1805+Sec. 32. (NEW) (Effective from passage) The commissioner shall adopt 1487
1806+regulations in accordance with chapter 54 of the general statutes to 1488
1807+implement the provisions of RERACA. Notwithstanding the 1489
1808+requirements of sections 4-168 to 4-172, inclusive, of the general statutes, 1490
1809+in order to effectuate the purposes of RERACA and protect public health 1491
1810+and safety, prior to adopting such regulations the commissioner shall 1492
1811+issue policies and procedures to implement the provisions of RERACA 1493
1812+Bill No.
1813+
1814+
1815+
1816+LCO No. 10834 50 of 295
1817+
1818+that shall have the force and effect of law. The commissioner shall post 1494
1819+all policies and procedures on the department's Internet web site and 1495
1820+submit such policies and procedures to the Secretary of the State for 1496
1821+posting on the eRegulations System, at least fifteen days prior to the 1497
1822+effective date of any policy or procedure. Any such policy or procedure 1498
1823+shall no longer be effective upon the earlier of either the adoption of the 1499
1824+policy or procedure as a final regulation under section 4-172 of the 1500
1825+general statutes or forty-eight months from the effective date of this 1501
1826+section, if such regulations have not been submitted to the legislative 1502
1827+regulation review committee for consideration under section 4-170 of 1503
1828+the general statutes. The commissioner shall issue policies and 1504
1829+procedures and thereafter final regulations that include, but are not 1505
1830+limited to, the following: 1506
1831+(1) Setting appropriate dosage, potency, concentration and serving 1507
1832+size limits and delineation requirements for cannabis, provided a 1508
1833+standardized serving of edible cannabis product or beverage, other than 1509
1834+a medical marijuana product, shall contain not more than five 1510
1835+milligrams of THC; 1511
1836+(2) Requiring that each single standardized serving of cannabis 1512
1837+product in a multiple-serving edible product or beverage is physically 1513
1838+demarked in a way that enables a reasonable person to determine how 1514
1839+much of the product constitutes a single serving and a maximum 1515
1840+amount of THC per multiple-serving edible cannabis product or 1516
1841+beverage; 1517
1842+(3) Requiring that, if it is impracticable to clearly demark every 1518
1843+standardized serving of cannabis product or to make each standardized 1519
1844+serving easily separable in an edible cannabis product or beverage, the 1520
1845+product, other than cannabis concentrate or medical marijuana product, 1521
1846+shall contain not more than five milligrams of THC per unit of sale; 1522
1847+(4) Establishing, in consultation with the Department of Mental 1523
1848+Health and Addiction Services, consumer health materials that shall be 1524
1849+Bill No.
1850+
1851+
1852+
1853+LCO No. 10834 51 of 295
1854+
1855+posted or distributed, as specified by the commissioner, by cannabis 1525
1856+establishments to maximize dissemination to cannabis consumers. 1526
1857+Consumer health materials may include pamphlets, packaging inserts, 1527
1858+signage, online and printed advertisements and advisories and printed 1528
1859+health materials; 1529
1860+(5) Imposing labeling and packaging requirements for cannabis sold 1530
1861+by a cannabis establishment that include, but are not limited to, the 1531
1862+following: 1532
1863+(A) A universal symbol to indicate that cannabis or a cannabis 1533
1864+product contains cannabis, and prescribe how such product and 1534
1865+product packaging shall utilize and exhibit such symbol; 1535
1866+(B) A disclosure concerning the length of time it typically takes for 1536
1867+the cannabis to affect an individual, including that certain forms of 1537
1868+cannabis take longer to have an effect; 1538
1869+(C) A notation of the amount of cannabis the cannabis product is 1539
1870+considered the equivalent to; 1540
1871+(D) A list of ingredients and all additives for cannabis; 1541
1872+(E) Child-resistant packaging including requiring that an edible 1542
1873+product be individually wrapped; 1543
1874+(F) Product tracking information sufficient to determine where and 1544
1875+when the cannabis was grown and manufactured such that a product 1545
1876+recall could be effectuated; 1546
1877+(G) A net weight statement; 1547
1878+(H) A recommended use by or expiration date; and 1548
1879+(I) Standard and uniform packaging and labeling, including, but not 1549
1880+limited to, requirements (i) regarding branding or logos, (ii) that all 1550
1881+packaging be opaque, and (iii) that amounts and concentrations of THC 1551
1882+Bill No.
1883+
1884+
1885+
1886+LCO No. 10834 52 of 295
1887+
1888+and cannabidiol, per serving and per package, be clearly marked on the 1552
1889+packaging or label of any cannabis product sold; 1553
1890+(6) Establishing laboratory testing standards; 1554
1891+(7) Restricting forms of cannabis products and cannabis product 1555
1892+delivery systems to ensure consumer safety and deter public health 1556
1893+concerns; 1557
1894+(8) Prohibiting certain manufacturing methods, or inclusion of 1558
1895+additives to cannabis products, including, but not limited to, (A) added 1559
1896+flavoring, terpenes or other additives unless approved by the 1560
1897+department, or (B) any form of nicotine or other additive containing 1561
1898+nicotine; 1562
1899+(9) Prohibiting cannabis product types that appeal to children; 1563
1900+(10) Establishing physical and cyber security requirements related to 1564
1901+build out, monitoring and protocols for cannabis establishments as a 1565
1902+requirement for licensure; 1566
1903+(11) Placing temporary limits on the sale of cannabis in the adult-use 1567
1904+market, if deemed appropriate and necessary by the commissioner, in 1568
1905+response to a shortage of cannabis for qualifying patients; 1569
1906+(12) Requiring retailers and hybrid retailers to make best efforts to 1570
1907+provide access to (A) low-dose THC products, including products that 1571
1908+have one milligram and two and a half milligrams of THC per dose, and 1572
1909+(B) high-dose CBD products; 1573
1910+(13) Requiring producers, cultivators, micro-cultivators, product 1574
1911+manufacturers and food and beverage manufacturers to register brand 1575
1912+names for cannabis, in accordance with the policies and procedures and 1576
1913+subject to the fee set forth in, regulations adopted under chapter 420f of 1577
1914+the general statutes; 1578
1915+(14) Prohibiting a cannabis establishment from selling, other than the 1579
1916+Bill No.
1917+
1918+
1919+
1920+LCO No. 10834 53 of 295
1921+
1922+sale of medical marijuana products between cannabis establishments 1580
1923+and the sale of cannabis to qualified patients and caregivers, (A) 1581
1924+cannabis flower or other cannabis plant material with a total THC 1582
1925+concentration greater than thirty per cent on a dry-weight basis, and (B) 1583
1926+any cannabis product other than cannabis flower and cannabis plant 1584
1927+material with a total THC concentration greater than sixty per cent on a 1585
1928+dry-weight basis, except that the provisions of subparagraph (B) of this 1586
1929+subdivision shall not apply to the sale of prefilled cartridges for use in 1587
1930+an electronic cannabis delivery system, as defined in section 19a-342a of 1588
1931+the general statutes and the department may adjust the percentages set 1589
1932+forth in subparagraph (A) or (B) of this subdivision in regulations 1590
1933+adopted pursuant to this section for purposes of public health or to 1591
1934+address market access or shortage. As used in this subdivision, "total 1592
1935+THC" has the same meaning as provided in section 21a-240 of the 1593
1936+general statutes and "cannabis plant material" means material from the 1594
1937+cannabis plant, as defined in section 21a-279a of the general statutes; and 1595
1938+(15) Permitting the outdoor cultivation of cannabis. 1596
1939+Sec. 33. (NEW) (Effective July 1, 2021) (a) Cannabis establishments and 1597
1940+any person advertising any cannabis or services related to cannabis shall 1598
1941+not: 1599
1942+(1) Advertise cannabis, cannabis paraphernalia or goods or services 1600
1943+related to cannabis in ways that target or are designed to appeal to 1601
1944+individuals under twenty-one years of age, including, but not limited 1602
1945+to, spokespersons or celebrities who appeal to individuals under the 1603
1946+legal age to purchase cannabis or cannabis products, depictions of a 1604
1947+person under twenty-five years of age consuming cannabis, or, the 1605
1948+inclusion of objects, such as toys, characters or cartoon characters 1606
1949+suggesting the presence of a person under twenty-one years of age, or 1607
1950+any other depiction designed in any manner to be appealing to a person 1608
1951+under twenty-one years of age; 1609
1952+(2) Engage in advertising by means of television, radio, Internet, 1610
1953+Bill No.
1954+
1955+
1956+
1957+LCO No. 10834 54 of 295
1958+
1959+mobile applications, social media, or other electronic communication, 1611
1960+billboard or other outdoor signage, or print publication unless the 1612
1961+advertiser has reliable evidence that at least ninety per cent of the 1613
1962+audience for the advertisement is reasonably expected to be twenty-one 1614
1963+years of age or older; 1615
1964+(3) Engage in advertising or marketing directed toward location-1616
1965+based devices, including, but not limited to, cellular phones, unless the 1617
1966+marketing is a mobile device application installed on the device by the 1618
1967+owner of the device who is twenty-one years of age or older and 1619
1968+includes a permanent and easy opt-out feature and warnings that the 1620
1969+use of cannabis is restricted to persons twenty-one years of age or older; 1621
1970+(4) Advertise cannabis or cannabis products in a manner claiming or 1622
1971+implying, or permit any employee of the cannabis establishment to 1623
1972+claim or imply, that such products have curative or therapeutic effects, 1624
1973+or that any other medical claim is true, or allow any employee to 1625
1974+promote cannabis for a wellness purpose unless such claims are 1626
1975+substantiated as set forth in regulations adopted under chapter 420f of 1627
1976+the general statutes or verbally conveyed by a licensed pharmacist or 1628
1977+other licensed medical practitioner in the course of business in, or while 1629
1978+representing, a hybrid retail or dispensary facility; 1630
1979+(5) Sponsor charitable, sports, musical, artistic, cultural, social or 1631
1980+other similar events or advertising at, or in connection with, such an 1632
1981+event unless the sponsor or advertiser has reliable evidence that (A) not 1633
1982+more than ten per cent of the in-person audience at the event is 1634
1983+reasonably expected to be under the legal age to purchase cannabis or 1635
1984+cannabis products, and (B) not more than ten per cent of the audience 1636
1985+that will watch, listen or participate in the event is expected to be under 1637
1986+the legal age to purchase cannabis products; 1638
1987+(6) Advertise cannabis, cannabis products or cannabis paraphernalia 1639
1988+in any physical form visible to the public within five hundred feet of an 1640
1989+elementary or secondary school ground, recreation center or facility, 1641
1990+Bill No.
1991+
1992+
1993+
1994+LCO No. 10834 55 of 295
1995+
1996+child care center, playground, public park or library; 1642
1997+(7) Cultivate cannabis or manufacture cannabis products for 1643
1998+distribution outside of this state in violation of federal law, advertise in 1644
1999+any way that encourages the transportation of cannabis across state lines 1645
2000+or otherwise encourages illegal activity; 1646
2001+(8) Except for dispensary facilities and hybrid retailers, exhibit within 1647
2002+or upon the outside of the facility used in the operation of a cannabis 1648
2003+establishment, or include in any advertisement, the word "dispensary" 1649
2004+or any variation of such term or any other words, displays or symbols 1650
2005+indicating that such store, shop or place of business is a dispensary; 1651
2006+(9) Exhibit within or upon the outside of the premises subject to the 1652
2007+cannabis establishment license, or include in any advertisement the 1653
2008+words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 1654
2009+"medicine shop" or any combination of such terms or any other words, 1655
2010+displays or symbols indicating that such store, shop or place of business 1656
2011+is a pharmacy. 1657
2012+(10) Advertise on or in public or private vehicles or at bus stops, taxi 1658
2013+stands, transportation waiting areas, train stations, airports or other 1659
2014+similar transportation venues including, but not limited to, vinyl-1660
2015+wrapped vehicles or signs or logos on transportation vehicles not 1661
2016+owned by a cannabis establishment; 1662
2017+(11) Display cannabis or cannabis products so as to be clearly visible 1663
2018+to a person from the exterior of the facility used in the operation of a 1664
2019+cannabis establishment, or display signs or other printed material 1665
2020+advertising any brand or any kind of cannabis or cannabis product on 1666
2021+the exterior of any facility used in the operation of a cannabis 1667
2022+establishment; 1668
2023+(12) Utilize radio or loudspeaker, in a vehicle or in or outside of a 1669
2024+facility used in the operation of a cannabis establishment, for the 1670
2025+purposes of advertising the sale of cannabis or cannabis products; or 1671
2026+Bill No.
2027+
2028+
2029+
2030+LCO No. 10834 56 of 295
2031+
2032+(13) Operate any web site advertising or depicting cannabis, cannabis 1672
2033+products or cannabis paraphernalia unless such web site verifies that 1673
2034+the entrants or users are twenty-one years of age or older. 1674
2035+(b) Any advertisements from a cannabis establishment shall contain 1675
2036+the following warning: "Do not use cannabis if you are under twenty-1676
2037+one years of age. Keep cannabis out of the reach of children." In a print 1677
2038+or visual medium, such warning shall be conspicuous, easily legible and 1678
2039+shall take up not less than ten per cent of the advertisement space. In an 1679
2040+audio medium, such warning shall be at the same speed as the rest of 1680
2041+the advertisement and be easily intelligible. 1681
2042+(c) The department shall not register, and may require revision of, 1682
2043+any submitted or registered cannabis brand name that: 1683
2044+(1) Is identical to, or confusingly similar to, the name of an existing 1684
2045+non-cannabis product; 1685
2046+(2) Is identical to, or confusingly similar to, the name of an unlawful 1686
2047+product or substance; 1687
2048+(3) Is confusingly similar to the name of a previously approved 1688
2049+cannabis brand name; 1689
2050+(4) Is obscene or indecent; and 1690
2051+(5) Is customarily associated with persons under the age of twenty-1691
2052+one. 1692
2053+(d) A violation of the provisions of subsection (a) or (b) of this section 1693
2054+shall be deemed to be an unfair or deceptive trade practice under 1694
2055+subsection (a) of section 42-110b of the general statutes. 1695
2056+Sec. 34. (NEW) (Effective July 1, 2021) (a) Not later than thirty days 1696
2057+after the date that the Social Equity Council identifies the criteria and 1697
2058+the necessary supporting documentation for social equity applicants 1698
2059+and posts such information on its Internet web site, the department may 1699
2060+Bill No.
2061+
2062+
2063+
2064+LCO No. 10834 57 of 295
2065+
2066+accept applications for the following cannabis establishment license 1700
2067+types: (1) Retailer, (2) hybrid retailer, (3) cultivator, (4) micro-cultivator, 1701
2068+(5) product manufacturer, (6) food and beverage manufacturer, (7) 1702
2069+product packager, (8) delivery service, and (9) transporter. Each 1703
2070+application for licensure shall require the applicant to indicate whether 1704
2071+the applicant wants to be considered for treatment as a social equity 1705
2072+applicant. 1706
2073+(b) On and after July 1, 2021, the department may accept applications 1707
2074+from any dispensary facility to convert its license to a hybrid-retailer 1708
2075+license and any producer for expanded authorization to engage in the 1709
2076+adult use cannabis market under its license issued pursuant to section 1710
2077+21a-408i of the general statutes. 1711
2078+(c) Except as provided in subsection (e) of this section, the following 1712
2079+fees shall be paid by each applicant: 1713
2080+(1) For a retailer license, the fee to enter the lottery shall be five 1714
2081+hundred dollars, the fee to receive a provisional license shall be five 1715
2082+thousand dollars and the fee to receive a final license or a renewal of a 1716
2083+final license shall be twenty-five thousand dollars. 1717
2084+(2) For a hybrid retailer license, the fee to enter the lottery shall be five 1718
2085+hundred dollars, the fee to receive a provisional license shall be five 1719
2086+thousand dollars and the fee to receive a final license or a renewal of a 1720
2087+final license shall be twenty-five thousand dollars. 1721
2088+(3) For a cultivator license, the fee to enter the lottery shall be one 1722
2089+thousand dollars, the fee to receive a provisional license shall be twenty-1723
2090+five thousand dollars and the fee to receive a final license or a renewal 1724
2091+of a final license shall be seventy-five thousand dollars. 1725
2092+(4) For a micro-cultivator license, the fee to enter the lottery shall be 1726
2093+two hundred fifty dollars, the fee to receive a provisional license shall 1727
2094+be five hundred dollars and the fee to receive a final license or a renewal 1728
2095+of a final license shall be one thousand dollars. 1729
2096+Bill No.
2097+
2098+
2099+
2100+LCO No. 10834 58 of 295
2101+
2102+(5) For a product manufacturer license, the fee to enter the lottery 1730
2103+shall be seven hundred fifty dollars, the fee to receive a provisional 1731
2104+license shall be five thousand dollars and the fee to receive a final license 1732
2105+or a renewal of a final license shall be twenty-five thousand dollars. 1733
2106+(6) For a food and beverage manufacturer license, the fee to enter the 1734
2107+lottery shall be two hundred fifty dollars, the fee to receive a provisional 1735
2108+license shall be one thousand dollars and the fee to receive a final license 1736
2109+or a renewal of a final license shall be five thousand dollars. 1737
2110+(7) For a product packager license, the fee to enter the lottery shall be 1738
2111+five hundred dollars, the fee to receive a provisional license shall be five 1739
2112+thousand dollars and the fee to receive a final license or a renewal of a 1740
2113+final license shall be twenty-five thousand dollars. 1741
2114+(8) For a delivery service or transporter license, the fee to enter the 1742
2115+lottery shall be two hundred fifty dollars, the fee to receive a provisional 1743
2116+license shall be one thousand dollars and the fee to receive a final license 1744
2117+or a renewal of a final license shall be five thousand dollars. 1745
2118+(9) For an initial or renewal of a backer license, the fee shall be one 1746
2119+hundred dollars. 1747
2120+(10) For an initial or renewal of a key employee license, the fee shall 1748
2121+be one hundred dollars. 1749
2122+(11) For an initial or renewal of a registration of an employee who is 1750
2123+not a key employee, the fee shall be fifty dollars. 1751
2124+(12) The license conversion fee for a dispensary facility to become a 1752
2125+hybrid retailer shall be one million dollars, except as provided in section 1753
2126+145 of this act. 1754
2127+(13) The license conversion fee for a producer to engage in the adult 1755
2128+use cannabis market shall be three million dollars, except as provided in 1756
2129+section 26 of this act. 1757
2130+Bill No.
2131+
2132+
2133+
2134+LCO No. 10834 59 of 295
2135+
2136+(d) For any dispensary facility that has become a hybrid retailer, the 1758
2137+renewal fee shall be the same as the fee for a hybrid retailer set forth in 1759
2138+subdivision (2) of subsection (c) of this section. For any producer, the 1760
2139+renewal fee shall be the same as set forth in section 21a-408i of the 1761
2140+general statutes. A social equity applicant shall pay fifty per cent of the 1762
2141+amount of any of the fees specified in subsection (c) of this section for 1763
2142+the first three renewal cycles of the applicable cannabis establishment 1764
2143+license applied for, and the full amount thereafter, provided in the case 1765
2144+of the fees set forth in subdivisions (12) and (13) of subsection (c) of this 1766
2145+section, a social equity applicant shall pay the full amount of the fee. 1767
2146+(e) For the fiscal year ending June 30, 2023, and thereafter, fees 1768
2147+collected by the department under this section shall be paid to the State 1769
2148+Treasurer and credited to the General Fund, except that the fees 1770
2149+collected under subdivisions (12) and (13) of subsection (c) of this 1771
2150+section shall be deposited in the Social Equity and Innovation Fund 1772
2151+established under section 128 of this act. 1773
2152+(f) For each license type: 1774
2153+(1) Applicants shall apply on a form and in a manner prescribed by 1775
2154+the commissioner, which form shall include a method for the applicant 1776
2155+to request consideration as a social equity applicant; and 1777
2156+(2) The department shall post on its Internet web site the application 1778
2157+period, which shall specify the first and last date that the department 1779
2158+will accept applications for that license type. The first date that the 1780
2159+department shall accept applications shall be no sooner than thirty days 1781
2160+after the date the Social Equity Council posts the criteria and supporting 1782
2161+documentation necessary to qualify for consideration as a social equity 1783
2162+applicant as set forth in section 35 of this act. Only complete license 1784
2163+applications received by the department during the application period 1785
2164+shall be considered. 1786
2165+Sec. 35. (NEW) (Effective July 1, 2021) (a) The Social Equity Council 1787
2166+shall review the ownership information and any other information 1788
2167+Bill No.
2168+
2169+
2170+
2171+LCO No. 10834 60 of 295
2172+
2173+necessary to confirm that an applicant qualifies as a social equity 1789
2174+applicant for all license type applications submitted to the department 1790
2175+and designated by the applicant as a social equity applicant. The Social 1791
2176+Equity Council shall prescribe the documentation necessary for 1792
2177+applicants to submit to establish that the ownership, residency and 1793
2178+income requirements for social equity applicants are met. On or before 1794
2179+September 1, 2021, the Social Equity Council shall post such necessary 1795
2180+documentation requirements on its Internet web site to inform 1796
2181+applicants of such requirements prior to the start of the application 1797
2182+period. 1798
2183+(b) Except as provided in section 149 of this act, prior to the first date 1799
2184+that the department begins accepting applications for a license type, the 1800
2185+department shall determine the maximum number of applications that 1801
2186+shall be considered for such license type and post such information on 1802
2187+its Internet web site. Fifty per cent of the maximum number of 1803
2188+applications that shall be considered for each license type (1) shall be 1804
2189+selected through a social equity lottery for such license type, and (2) 1805
2190+shall be reserved by the department for social equity applicants. If, upon 1806
2191+the close of the application period for a license type, the department 1807
2192+receives more applications than the maximum number to be considered 1808
2193+in total or to be reserved for social equity applicants as set forth in 1809
2194+subsection (b) of this section, a third-party lottery operator shall conduct 1810
2195+a lottery to identify applications for review by the department and the 1811
2196+Social Equity Council. 1812
2197+(c) (1) The third-party lottery operator shall: 1813
2198+(A) Not be provided any application received after the close of the 1814
2199+application period; 1815
2200+(B) Give equal weight to every complete application submitted 1816
2201+during the application period; and 1817
2202+(C) Conduct multiple, separate geographic lotteries if required by the 1818
2203+department. 1819
2204+Bill No.
2205+
2206+
2207+
2208+LCO No. 10834 61 of 295
2209+
2210+(2) For purposes of the lottery, the third-party lottery operator shall: 1820
2211+(A) Conduct an independent lottery for each license type and a 1821
2212+separate lottery for social equity applicants of each license type that 1822
2213+results in each application being randomly ranked starting with one and 1823
2214+continuing sequentially; and 1824
2215+(B) Rank all applications in each lottery numerically according to the 1825
2216+order in which they were drawn, including those that exceed the 1826
2217+number to be considered, and identify for the department all 1827
2218+applications to be considered, which shall consist of the applications 1828
2219+ranked numerically one to the maximum number set forth in accordance 1829
2220+with subsection (b) of this section. 1830
2221+(d) (1) Upon receipt of an application for social equity consideration 1831
2222+or, in the case where a social equity lottery is conducted, after such 1832
2223+lottery applicants are selected, the department shall provide to the 1833
2224+Social Equity Council the documentation received by the department 1834
2225+during the application process that is required under subsection (a) of 1835
2226+this section. No identifying information beyond what is necessary to 1836
2227+establish social equity status shall be provided to the Social Equity 1837
2228+Council. The Social Equity Council shall review the social equity 1838
2229+applications to be considered as identified by the third-party lottery 1839
2230+operator to determine whether the applicant meets the criteria for a 1840
2231+social equity applicant. If the Social Equity Council determines that an 1841
2232+applicant does not qualify as a social equity applicant, the application 1842
2233+shall not be reviewed further for purposes of receiving a license 1843
2234+designated for social equity applicants. The application shall be entered 1844
2235+into the other lottery for the license type and may be reviewed further if 1845
2236+selected through such lottery, provided the applicant pays the 1846
2237+additional amount necessary to pay the full fee for entry into such 1847
2238+lottery within five business days of being notified by the Social Equity 1848
2239+Council that it does not qualify as a social equity applicant. Not later 1849
2240+than thirty days after an applicant is notified of a denial of a license 1850
2241+application under this subsection, the applicant may appeal such denial 1851
2242+Bill No.
2243+
2244+
2245+
2246+LCO No. 10834 62 of 295
2247+
2248+to the Superior Court in accordance with section 4-183 of the general 1852
2249+statutes. 1853
2250+(2) Upon determination by the Social Equity Council that an 1854
2251+application selected through the lottery process does not qualify for 1855
2252+consideration as a social equity applicant, the department shall request 1856
2253+that the third-party lottery operator identify the next-ranked application 1857
2254+in the applicable lottery. This process may continue until the Social 1858
2255+Equity Council has identified for further consideration the number of 1859
2256+applications set forth on the department's web site pursuant to 1860
2257+subsection (b) of this section or the lottery indicates that there are no 1861
2258+further applications to be considered. 1862
2259+(3) For each license type, the Social Equity Council shall identify for 1863
2260+the department the applications that qualify as social equity applicants 1864
2261+and that should be reviewed by the department for purposes of 1865
2262+awarding a provisional license. 1866
2263+(4) Any application subject to, but not selected through, the social 1867
2264+equity lottery process shall not be reviewed as a social equity 1868
2265+application but shall be entered into the lottery for the remaining 1869
2266+applications for the license type. 1870
2267+(5) After receiving the list of social equity applications from the Social 1871
2268+Equity Council, the department shall notify the third-party lottery 1872
2269+operator, which shall then conduct an independent lottery for all 1873
2270+remaining applicants for each license type, rank all applications 1874
2271+numerically including those that exceed the number to be considered, 1875
2272+and identify for the department all applications to be reviewed. The 1876
2273+number of applications to be reviewed shall consist of the applications 1877
2274+ranked numerically one through the maximum number set forth in 1878
2275+accordance with subsection (b) of this section, provided that if fewer 1879
2276+social equity applicants are identified pursuant to subdivision (3) of this 1880
2277+subsection, the maximum number shall be the number necessary to 1881
2278+ensure that fifty per cent of the applications for each license type 1882
2279+Bill No.
2280+
2281+
2282+
2283+LCO No. 10834 63 of 295
2284+
2285+identified through the lottery process are social equity applicants. 1883
2286+(6) The numerical rankings created by the third-party lottery operator 1884
2287+shall be confidential and shall not be subject to disclosure under the 1885
2288+Freedom of Information Act, as defined in section 1-200 of the general 1886
2289+statutes. 1887
2290+(e) The department shall review each application to be considered, as 1888
2291+identified by the third-party lottery operator or Social Equity Council, 1889
2292+as applicable, to confirm it is complete and to determine whether any 1890
2293+application: (1) Includes a backer with a disqualifying conviction; (2) 1891
2294+includes a backer that would result in common ownership in violation 1892
2295+of the cap set forth in section 40 of this act; or (3) has a backer who 1893
2296+individually or in connection with a cannabis business in another state 1894
2297+or country has an administrative finding or judicial decision that may 1895
2298+substantively compromise the integrity of the cannabis program, as 1896
2299+determined by the department, or that precludes its participation in this 1897
2300+state's cannabis program. 1898
2301+(f) No additional backers may be added to a cannabis establishment 1899
2302+application between the time of lottery entry, or any initial application 1900
2303+for a license, and when a final license is awarded to the cannabis 1901
2304+establishment, except, if a backer of an applicant or provisional licensee 1902
2305+dies, the applicant or provisional licensee may apply to the 1903
2306+commissioner to replace the deceased backer, provided if such applicant 1904
2307+is a social equity applicant, the Social Equity Council shall review 1905
2308+ownership to ensure such replacement would not cause the applicant to 1906
2309+no longer qualify as a social equity applicant. 1907
2310+(g) If an applicant or a single backer of an applicant is disqualified on 1908
2311+the basis of any of the criteria set forth in subsection (e) of this section, 1909
2312+the entire application shall be denied, and such denial shall be a final 1910
2313+decision of the department, provided backers of the applicant entity 1911
2314+named in the lottery application submission may be removed prior to 1912
2315+submission of a final license application unless such removal would 1913
2316+Bill No.
2317+
2318+
2319+
2320+LCO No. 10834 64 of 295
2321+
2322+result in a social equity applicant no longer qualifying as a social equity 1914
2323+applicant. If the applicant removes any backer that would cause the 1915
2324+applicant to be denied based on subsection (e) of this section, then the 1916
2325+applicant entity shall not be denied due to such backer's prior 1917
2326+involvement if such backer is removed within thirty days of notice by 1918
2327+the department of the disqualification of a backer. Not later than thirty 1919
2328+days after service of notice upon the applicant of a denial, the applicant 1920
2329+may appeal such denial to the Superior Court in accordance with section 1921
2330+4-183 of the general statutes. 1922
2331+(h) For each application denied pursuant to subsection (e) of this 1923
2332+section, the department may, within its discretion, request that the third-1924
2333+party lottery operator identify the next-ranked application in the 1925
2334+applicable lottery. If the applicant that was denied was a social equity 1926
2335+applicant, the next ranked social equity applicant shall first be reviewed 1927
2336+by the Social Equity Council to confirm that the applicant qualifies as a 1928
2337+social equity applicant prior to being further reviewed by the 1929
2338+department. This process may continue until the department has 1930
2339+identified for further consideration the number of applications 1931
2340+equivalent to the maximum number set forth on its Internet web site 1932
2341+pursuant to subsection (b) of this section. If the number of applications 1933
2342+remaining is less than the maximum number posted on the 1934
2343+department's Internet web site, the department shall award fewer 1935
2344+licenses. To the extent the denials result in less than fifty per cent of 1936
2345+applicants being social equity applicants, the department shall continue 1937
2346+to review and issue provisional and final licenses for the remaining 1938
2347+applications, but shall reopen the application period only for social 1939
2348+equity applicants. 1940
2349+(i) All applicants selected in the lottery and not denied shall be 1941
2350+provided a provisional license application, which shall be submitted in 1942
2351+a form and manner prescribed by the commissioner. Applicants shall 1943
2352+have sixty days from the date they receive their provisional application 1944
2353+to complete the application. The right to apply for a provisional license 1945
2354+is nontransferable. Upon receiving a provisional application from an 1946
2355+Bill No.
2356+
2357+
2358+
2359+LCO No. 10834 65 of 295
2360+
2361+applicant, the department shall review the application for completeness 1947
2362+and to confirm that all information provided is acceptable and in 1948
2363+compliance with this section and any regulations adopted under this 1949
2364+section. If a provisional application does not meet the standards set forth 1950
2365+in this section, the applicant shall not be provided a provisional license. 1951
2366+A provisional license shall expire after fourteen months and shall not be 1952
2367+renewed. Upon granting a provisional license, the department shall 1953
2368+notify the applicant of the project labor agreement requirements of 1954
2369+section 103 of this act. A provisional licensee may apply for a final 1955
2370+license of the license type for which the licensee applied during the 1956
2371+initial application period. A provisional license shall be nontransferable. 1957
2372+If the provisional application does not meet the standards set forth in 1958
2373+this section or is not completed within sixty days, the applicant shall not 1959
2374+receive a provisional license. The decision of the department not to 1960
2375+award a provisional license shall be final and may be appealed in 1961
2376+accordance with section 4-183 of the general statutes. Nothing in this 1962
2377+section shall prevent a provisional applicant from submitting an 1963
2378+application for a future lottery. 1964
2379+(j) Final license applications shall be submitted on a form and in a 1965
2380+manner approved by the commissioner and shall include, but not be 1966
2381+limited to, the information set forth in this section, as well as evidence 1967
2382+of the following: 1968
2383+(1) A contract with an entity providing an approved electronic 1969
2384+tracking system as set forth in section 56 of this act; 1970
2385+(2) A right to occupy the location at which the cannabis establishment 1971
2386+operation will be located; 1972
2387+(3) Any necessary local zoning approval for the cannabis 1973
2388+establishment operation; 1974
2389+(4) A labor peace agreement complying with section 102 of this act 1975
2390+has been entered into between the cannabis establishment and a bona 1976
2391+fide labor organization, as defined in section 102 of this act; 1977
2392+Bill No.
2393+
2394+
2395+
2396+LCO No. 10834 66 of 295
2397+
2398+(5) A certification by the applicant that a project labor agreement 1978
2399+complying with section 103 of this act will be entered into by the 1979
2400+cannabis establishment prior to construction of any facility to be used in 1980
2401+the operation of a cannabis establishment; 1981
2402+(6) A social equity plan approved by the Social Equity Council; 1982
2403+(7) A workforce development plan approved by the Social Equity 1983
2404+Council; 1984
2405+(8) Written policies for preventing diversion and misuse of cannabis 1985
2406+and sales to underage persons; and 1986
2407+(9) All other security requirements set forth by the department based 1987
2408+on the specific license type. 1988
2409+(k) At any point prior to the expiration of the provisional license, the 1989
2410+department may award a provisional licensee a final license for the 1990
2411+license type for which the licensee applied. Prior to receiving final 1991
2412+license approval, a provisional licensee shall not possess, distribute, 1992
2413+manufacture, sell or transfer cannabis. The department may conduct site 1993
2414+inspections prior to issuing a final license. 1994
2415+(l) At any time after receiving a final license, a cannabis establishment 1995
2416+may begin operations, provided all other requirements for opening a 1996
2417+business in compliance with the laws of this state are complete and all 1997
2418+employees have been registered and all key employees and backers 1998
2419+have been licensed, with the department. 1999
2420+Sec. 36. (NEW) (Effective July 1, 2021) The Social Equity Council shall 2000
2421+adopt regulations, in accordance with the provisions of chapter 54 of the 2001
2422+general statutes, to prevent the sale or change in ownership or control 2002
2423+of a cannabis establishment license awarded to a social equity applicant 2003
2424+to someone other than another qualifying social equity applicant during 2004
2425+the period of provisional licensure, and for three years following the 2005
2426+issuance of a final license, unless the backer of such licensee has died or 2006
2427+Bill No.
2428+
2429+
2430+
2431+LCO No. 10834 67 of 295
2432+
2433+has a condition, including, but not limited to, a physical illness or loss 2007
2434+of skill or deterioration due to the aging process, emotional disorder or 2008
2435+mental illness that would interfere with the backer's ability to operate. 2009
2436+Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, 2010
2437+of the general statutes, in order to effectuate this section, prior to 2011
2438+adopting such regulations and not later than October 1, 2021, the council 2012
2439+shall issue policies and procedures to implement the provisions of this 2013
2440+section that shall have the force and effect of law. The council shall post 2014
2441+all policies and procedures on its Internet web site and submit such 2015
2442+policies and procedures to the Secretary of the State for posting on the 2016
2443+eRegulations System, at least fifteen days prior to the effective date of 2017
2444+any policy or procedure. Any such policy or procedure shall no longer 2018
2445+be effective upon the earlier of either the adoption of the policy or 2019
2446+procedure as a final regulation under section 4-172 of the general 2020
2447+statutes or forty-eight months from the effective date of this section, if 2021
2448+such regulations have not been submitted to the legislative regulation 2022
2449+review committee for consideration under section 4-170 of the general 2023
2450+statutes. Any violation of such policies and procedures or any violation 2024
2451+of such regulations related to the sale or change in ownership may be 2025
2452+referred by the Social Equity Council to the department for 2026
2453+administrative enforcement action, which may result in a fine of not 2027
2454+more than ten million dollars or action against the establishment's 2028
2455+license. 2029
2456+Sec. 37. (NEW) (Effective July 1, 2021) The commissioner shall adopt 2030
2457+regulations, in accordance with the provisions of chapter 54 of the 2031
2458+general statutes, to establish the maximum grow space permitted by a 2032
2459+cultivator and micro-cultivator. In adopting such regulations, the 2033
2460+commissioner shall seek to ensure an adequate supply of cannabis for 2034
2461+the market. Notwithstanding the requirements of sections 4-168 to 4-2035
2462+172, inclusive, of the general statutes, in order to effectuate this section, 2036
2463+prior to adopting such regulations, the commissioner shall issue policies 2037
2464+and procedures to implement the provisions of this section that shall 2038
2465+have the force and effect of law. The commissioner shall post all policies 2039
2466+Bill No.
2467+
2468+
2469+
2470+LCO No. 10834 68 of 295
2471+
2472+and procedures on the department's Internet web site and submit such 2040
2473+policies and procedures to the Secretary of the State for posting on the 2041
2474+eRegulations System, at least fifteen days prior to the effective date of 2042
2475+any policy or procedure. Any such policy or procedure shall no longer 2043
2476+be effective upon the earlier of either the adoption of the policy or 2044
2477+procedure as a final regulation under section 4-172 of the general 2045
2478+statutes or forty-eight months from the effective date of this section, if 2046
2479+such regulations have not been submitted to the legislative regulation 2047
2480+review committee for consideration under section 4-170 of the general 2048
2481+statutes. 2049
2482+Sec. 38. (Effective from passage) (a) The Social Equity Council, in 2050
2483+coordination with the Departments of Consumer Protection and 2051
2484+Economic and Community Development, shall develop a cannabis 2052
2485+business accelerator program to provide technical assistance to 2053
2486+participants by partnering participants with a cannabis establishment. 2054
2487+The Social Equity Council may partner with a constituent unit of the 2055
2488+state system of higher education in developing the program. 2056
2489+(b) Any individual who would qualify as a social equity applicant 2057
2490+may apply to participate in the accelerator program under this section: 2058
2491+(c) On and after October 1, 2021, the Social Equity Council may accept 2059
2492+applications from an individual described in subsection (b) of this 2060
2493+section for the component of the accelerator program corresponding to 2061
2494+each of the following license types: (1) Retailer, (2) cultivator, (3) product 2062
2495+manufacturer, (4) food and beverage manufacturer, and (5) product 2063
2496+packager. 2064
2497+(d) On and after July 1, 2022, the council may accept applications from 2065
2498+(1) retailers, (2) cultivators, (3) product manufacturers, (4) food and 2066
2499+beverage manufacturers, (5) product packagers, (6) hybrid-retailers, and 2067
2500+(7) micro-cultivators, licensed pursuant to section 34 of this act, to 2068
2501+partner with participants in the accelerator program component 2069
2502+corresponding to the same license type, provided an accelerator retailer 2070
2503+Bill No.
2504+
2505+
2506+
2507+LCO No. 10834 69 of 295
2508+
2509+participant may be partnered with either a retailer or hybrid retailer and 2071
2510+an accelerator cultivator participant may be partnered with either a 2072
2511+cultivator or micro-cultivator. 2073
2512+(e) As part of the cannabis business accelerator program, accelerator 2074
2513+participants may be required to participate in training on accounting 2075
2514+methods, business services, how to access capital markets and financing 2076
2515+opportunities and on regulatory compliance. Social equity applicants 2077
2516+who have been awarded either a provisional license or a final license for 2078
2517+a cannabis establishment may participate in the training programs made 2079
2518+available under this section. 2080
2519+(f) The Social Equity Council shall facilitate opportunities for 2081
2520+participants in the cannabis business accelerator program to meet with 2082
2521+potential investors. 2083
2522+(g) A participant who has partnered with a cannabis establishment 2084
2523+pursuant to subsection (d) of this section shall be allowed to participate 2085
2524+in any activity of the cannabis establishment with the same privileges 2086
2525+afforded by the cannabis establishment's license to employees of such 2087
2526+cannabis establishment. 2088
2527+(h) Each participant shall annually apply for and obtain a registration, 2089
2528+on a form and in a manner prescribed by the commissioner, prior to 2090
2529+participating in any activity of a cannabis establishment. The Social 2091
2530+Equity Council may charge a registration fee to participants. 2092
2531+(i) The Social Equity Council may determine the duration of the 2093
2532+program and number of participants under this section. 2094
2533+Sec. 39. (Effective from passage) (a) The Social Equity Council, in 2095
2534+coordination with the Department of Economic and Community 2096
2535+Development and Labor Department, shall develop a workforce 2097
2536+training program to further equity goals, ensure cannabis 2098
2537+establishments have access to a well-trained employee applicant pool, 2099
2538+and support individuals who live in a disproportionately impacted area 2100
2539+Bill No.
2540+
2541+
2542+
2543+LCO No. 10834 70 of 295
2544+
2545+to find employment in the cannabis industry. 2101
2546+(b) The Social Equity Council, in consultation with the Department of 2102
2547+Economic and Community Development and Labor Department, shall: 2103
2548+(1) Consult with cannabis establishments on an ongoing basis to 2104
2549+assess the hiring needs of their businesses. 2105
2550+(2) Develop a universal application for prospective enrollees in 2106
2551+workforce training programs as part of the workforce training programs 2107
2552+developed pursuant to this section; 2108
2553+(3) Partner with the regional workforce development boards and 2109
2554+institutions of higher education to develop workforce training 2110
2555+programs; 2111
2556+(4) Develop a series of cannabis career pathways so that workers have 2112
2557+the ability to vertically advance their careers within the cannabis 2113
2558+industry; 2114
2559+(5) Partner with associated training providers to track and report 2115
2560+performance outcomes of participants entering a cannabis workforce 2116
2561+training program. Performance outcomes shall include, but not be 2117
2562+limited to, enrollment, completion and placement of each individual 2118
2563+entering into a training program; and 2119
2564+(6) Explore the creation of a series of apprenticeship programs for 2120
2565+cannabis workers across the state. 2121
2566+(c) Upon completion of a workforce training program, enrollees may 2122
2567+opt to have their information provided to cannabis establishments as 2123
2568+prospective employees. 2124
2569+Sec. 40. (NEW) (Effective July 1, 2021) From July 1, 2021, until June 30, 2125
2570+2025, the department shall not award a cannabis establishment license 2126
2571+to any lottery applicant who, at the time the lottery is conducted, has 2127
2572+two or more licenses or includes a backer that has managerial control of, 2128
2573+Bill No.
2574+
2575+
2576+
2577+LCO No. 10834 71 of 295
2578+
2579+or is a backer of, two or more licensees in the same license type or 2129
2580+category for which the applicant has entered the lottery, provided an 2130
2581+ownership interest in an equity joint venture or a social equity partner 2131
2582+in accordance with subsection (c) of section 26 of this act shall not be 2132
2583+considered for purposes of such cap. For purposes of this section, 2133
2584+dispensary facility, retailer and hybrid retailer licenses shall be 2134
2585+considered to be within the same license category and producer, 2135
2586+cultivator and micro-cultivator licenses shall be considered to be within 2136
2587+the same license category. 2137
2588+Sec. 41. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2138
2589+department may issue or renew a license for a person to be a retailer. No 2139
2590+person may act as a retailer or represent that such person is a retailer 2140
2591+unless such person has obtained a license from the department pursuant 2141
2592+to this section. 2142
2593+(b) A retailer may obtain cannabis from a cultivator, micro-cultivator, 2143
2594+producer, product packager, food and beverage manufacturer, product 2144
2595+manufacturer or transporter or an undeliverable return from a delivery 2145
2596+service. A retailer may sell, transport or transfer cannabis or cannabis 2146
2597+products to a delivery service, laboratory or research program. A retailer 2147
2598+may sell cannabis to a consumer or research program. A retailer may 2148
2599+not conduct sales of medical marijuana products nor offer discounts or 2149
2600+other inducements to qualifying patients or caregivers. A retailer shall 2150
2601+not gift or transfer cannabis at no cost to a consumer as part of a 2151
2602+commercial transaction. 2152
2603+(c) Retailers shall maintain a secure location, in a manner approved 2153
2604+by the commissioner, at the licensee's premises where cannabis that is 2154
2605+unable to be delivered by an employee or delivery service may be 2155
2606+returned to the retailer. Such secure cannabis return location shall meet 2156
2607+specifications set forth by the commissioner and published on the 2157
2608+department's Internet web site or included in regulations adopted by 2158
2609+the department. 2159
2610+Bill No.
2611+
2612+
2613+
2614+LCO No. 10834 72 of 295
2615+
2616+(d) A retailer may deliver cannabis through a delivery service or by 2160
2617+utilizing its own employees, subject to the provisions of subsection (b) 2161
2618+of section 21 of this act. 2162
2619+Sec. 42. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2163
2620+department may issue or renew a license for a hybrid retailer. No person 2164
2621+may act as a hybrid retailer or represent that such person is a hybrid 2165
2622+retailer unless such person has obtained a license from the department 2166
2623+pursuant to this section. 2167
2624+(b) A hybrid retailer may obtain cannabis from a cultivator, micro-2168
2625+cultivator, producer, product packager, food and beverage 2169
2626+manufacturer, product manufacturer or transporter. In addition to the 2170
2627+activities authorized under section 43 of this act, a hybrid retailer may 2171
2628+sell, transport or transfer cannabis to a delivery service, laboratory or 2172
2629+research program. A hybrid retailer may sell cannabis products to a 2173
2630+consumer or research program. A hybrid retailer shall not gift or 2174
2631+transfer cannabis at no cost to a consumer, qualifying patient or 2175
2632+caregiver as part of a commercial transaction. 2176
2633+(c) In addition to conducting general retail sales, a hybrid retailer may 2177
2634+sell cannabis and medical marijuana products, to qualifying patients 2178
2635+and caregivers. Any cannabis or medical marijuana products sold to 2179
2636+qualifying patients and caregivers shall be dispensed by a licensed 2180
2637+pharmacist and shall be recorded in the electronic prescription drug 2181
2638+monitoring program, established pursuant to section 21a-254 of the 2182
2639+general statutes, in real-time or immediately upon completion of the 2183
2640+transaction, unless not reasonably feasible for a specific transaction, but 2184
2641+in no case longer than one hour after completion of the transaction. Only 2185
2642+a licensed pharmacist or dispensary technician may upload or access 2186
2643+data in the prescription drug monitoring program. 2187
2644+(d) A hybrid retailer shall maintain a licensed pharmacist on premises 2188
2645+at all times when the hybrid retail location is open to the public or to 2189
2646+qualifying patients and caregivers. 2190
2647+Bill No.
2648+
2649+
2650+
2651+LCO No. 10834 73 of 295
2652+
2653+(e) The hybrid retailer location shall include a private consultation 2191
2654+space for pharmacists to meet with qualifying patients and caregivers. 2192
2655+Additionally, the hybrid retailer premises shall accommodate an 2193
2656+expedited method of entry that allows for priority entrance into the 2194
2657+premises for qualifying patients and caregivers. 2195
2658+(f) Hybrid retailers shall maintain a secure location, in a manner 2196
2659+approved by the commissioner, at the licensee's premises where 2197
2660+cannabis that is unable to be delivered may be returned to the hybrid 2198
2661+retailer. Such secure cannabis return location shall meet specifications 2199
2662+set forth by the commissioner and published on the department's 2200
2663+Internet web site or included in regulations adopted by the department. 2201
2664+(g) Cannabis dispensed to a qualifying patient or caregiver that are 2202
2665+unable to be delivered and are returned by the delivery service to the 2203
2666+hybrid retailer shall be returned to the licensee inventory system and 2204
2667+removed from the prescription drug monitoring program not later than 2205
2668+forty-eight hours after receipt of the cannabis from the delivery service. 2206
2669+(h) A hybrid retailer may not convert its license to a retailer license. 2207
2670+To obtain a retailer license, a hybrid retailer shall apply through the 2208
2671+lottery application process. A hybrid retailer may convert to a 2209
2672+dispensary facility if the hybrid retailer complies with all applicable 2210
2673+provisions of chapter 420f of the general statutes, and upon written 2211
2674+approval by the department. 2212
2675+Sec. 43. (NEW) (Effective July 1, 2021) (a) A dispensary facility may 2213
2676+apply to the department, on a form and in a manner prescribed by the 2214
2677+commissioner, to convert its license to a hybrid retailer license on or 2215
2678+after September 1, 2021, without applying through the lottery 2216
2679+application system. The license conversion application shall require a 2217
2680+dispensary facility to submit to, and obtain approval from the 2218
2681+department for, a detailed medical preservation plan for how it will 2219
2682+prioritize sales and access to medical marijuana products for qualifying 2220
2683+patients, including, but not limited to, managing customer traffic flow, 2221
2684+Bill No.
2685+
2686+
2687+
2688+LCO No. 10834 74 of 295
2689+
2690+preventing supply shortages, providing delivery services and ensuring 2222
2691+appropriate staffing levels. 2223
2692+(b) After October 1, 2021, qualifying patients shall not be required to 2224
2693+designate a dispensary facility or hybrid retailer as its exclusive location 2225
2694+to purchase cannabis or medical marijuana products, nor shall the 2226
2695+department require any future change of designated dispensary facility 2227
2696+applications. If all dispensary facilities demonstrate to the department's 2228
2697+satisfaction that they are adhering to the real-time upload requirements 2229
2698+set forth in subsection (c) of this section prior to October 1, 2021, the 2230
2699+commissioner may eliminate the requirement for designated dispensary 2231
2700+facilities prior to said date. 2232
2701+(c) On and after September 1, 2021, dispensary facilities and hybrid 2233
2702+retailers shall be required to perform real-time uploads to the 2234
2703+prescription drug monitoring program. Any cannabis or medical 2235
2704+marijuana products sold to qualifying patients or caregivers shall be 2236
2705+dispensed by a licensed pharmacist and shall be recorded into the 2237
2706+prescription drug monitoring program, established pursuant to section 2238
2707+21a-254 of the general statutes, in real-time or immediately upon 2239
2708+completion of the transaction, unless not reasonably feasible for a 2240
2709+specific transaction, but in no case longer than one hour after completion 2241
2710+of the transaction. 2242
2711+(d) On and after September 1, 2021, a dispensary facility or hybrid 2243
2712+retailer may apply to the department, in a form and in a manner 2244
2713+prescribed by the commissioner, to provide delivery services through a 2245
2714+delivery service or utilizing its own employees, subject to the provisions 2246
2715+of subsection (b) of section 21 of this act, to qualifying patients, 2247
2716+caregivers, research program subjects, as defined in section 21a-408 of 2248
2717+the general statutes, and hospice and other inpatient care facilities 2249
2718+licensed by the Department of Public Health pursuant to chapter 368v 2250
2719+of the general statutes that have a protocol for the handling and 2251
2720+distribution of cannabis that has been approved by the Department of 2252
2721+Consumer Protection. A dispensary facility or hybrid retailer may 2253
2722+Bill No.
2723+
2724+
2725+
2726+LCO No. 10834 75 of 295
2727+
2728+deliver cannabis or medical marijuana products only from its own 2254
2729+inventory to qualifying patients and caregivers. If such application is 2255
2730+approved by the commissioner, the dispensary facility or hybrid retailer 2256
2731+may commence delivery services on and after January 1, 2022, provided 2257
2732+the commissioner may authorize dispensary facilities or hybrid retailers 2258
2733+to commence delivery services prior to January 1, 2022, upon forty-five 2259
2734+days advance written notice, published on the department's Internet 2260
2735+web site. 2261
2736+(e) Hybrid retailers may commence delivery of cannabis directly to 2262
2737+consumers as of the date the first adult use cannabis sales are permitted 2263
2738+by the commissioner as set forth in subsection (f) of this section, through 2264
2739+a delivery service, or utilizing their own employees, subject to the 2265
2740+provisions of subsection (b) of section 21 of this act. 2266
2741+(f) Dispensary facilities that have been approved by the department 2267
2742+and that have converted to hybrid retailers may open their premises to 2268
2743+the general public and commence adult use cannabis sales on and after 2269
2744+thirty days after the date that cannabis is available for purchase for 2270
2745+purposes of adult use sales from producers or cultivators that have at 2271
2746+least two hundred fifty thousand square feet of grow space and space 2272
2747+used to manufacture cannabis products in the aggregate, which date 2273
2748+shall be published on the department's Internet web site. 2274
2749+Sec. 44. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2275
2750+department may issue or renew a license for a person to be a food and 2276
2751+beverage manufacturer. No person may act as a food and beverage 2277
2752+manufacturer or represent that such person is a licensed food and 2278
2753+beverage manufacturer unless such person has obtained a license from 2279
2754+the department pursuant to this section. 2280
2755+(b) A food and beverage manufacturer may incorporate cannabis into 2281
2756+foods or beverages as an ingredient. A food and beverage manufacturer 2282
2757+shall not perform extraction of cannabis into a cannabis concentrate nor 2283
2758+create any product that is not a food or beverage intended to be 2284
2759+Bill No.
2760+
2761+
2762+
2763+LCO No. 10834 76 of 295
2764+
2765+consumed by humans. 2285
2766+(c) A food and beverage manufacturer may package or label any food 2286
2767+or beverage prepared by the food and beverage manufacturer at the 2287
2768+establishment subject to the license. 2288
2769+(d) A food and beverage manufacturer may sell, transfer or transport 2289
2770+its own products to a cannabis establishment, laboratory or research 2290
2771+program, utilizing its employees or a transporter. A food and beverage 2291
2772+manufacturer may not deliver any cannabis, cannabis products or food 2292
2773+or beverage incorporating cannabis to a consumer, directly or through 2293
2774+a delivery service. 2294
2775+(e) All products created by a food and beverage manufacturer shall 2295
2776+be labeled in accordance with the policies and procedures issued by the 2296
2777+commissioner to implement, and any regulations adopted pursuant to, 2297
2778+RERACA as well as federal Food and Drug Administration and United 2298
2779+States Department of Agriculture requirements. 2299
2780+(f) A food and beverage manufacturer shall ensure all equipment 2300
2781+utilized for manufacturing, processing and packaging cannabis is 2301
2782+sanitary and inspected regularly to deter the adulteration of cannabis in 2302
2783+accordance with RERACA as well as federal Food and Drug 2303
2784+Administration and United States Department of Agriculture 2304
2785+requirements. 2305
2786+Sec. 45. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2306
2787+department may issue or renew a license for a person to be a product 2307
2788+manufacturer. No person may act as a product manufacturer or 2308
2789+represent that such person is a licensed product manufacturer unless 2309
2790+such person has obtained a license from the department pursuant to this 2310
2791+section. 2311
2792+(b) A product manufacturer may perform cannabis extractions, 2312
2793+chemical synthesis and all other manufacturing activities authorized by 2313
2794+the commissioner and published on the department's Internet web site. 2314
2795+Bill No.
2796+
2797+
2798+
2799+LCO No. 10834 77 of 295
2800+
2801+(c) A product manufacturer may package and label cannabis 2315
2802+manufactured at its establishment subject to the license. 2316
2803+(d) A product manufacturer may sell, transfer or transport its own 2317
2804+products to a cannabis establishment, laboratory or research program, 2318
2805+provided such transportation is performed by utilizing its own 2319
2806+employees or a transporter. A product manufacturer may not deliver 2320
2807+any cannabis to a consumer directly or through a delivery service. 2321
2808+(e) All products created by a product manufacturer shall be labeled 2322
2809+in accordance with the policies and procedures issued by the 2323
2810+commissioner to implement, and any regulations adopted pursuant to, 2324
2811+RERACA as well as federal Food and Drug Administration 2325
2812+requirements. 2326
2813+(f) A product manufacturer shall ensure all equipment utilized for 2327
2814+manufacturing, extracting, processing and packaging cannabis is 2328
2815+sanitary and inspected regularly to deter the adulteration of cannabis in 2329
2816+accordance with RERACA as well as federal Food and Drug 2330
2817+Administration requirements. 2331
2818+Sec. 46. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2332
2819+department may issue or renew a license for a person to be a product 2333
2820+packager. No person may act as a product packager or represent that 2334
2821+such person is a product packager unless such person has obtained a 2335
2822+license from the department pursuant to this section. 2336
2823+(b) A product packager may obtain cannabis from a producer, 2337
2824+cultivator, micro-cultivator, food and beverage manufacturer or a 2338
2825+product manufacturer. The product packager may sell, transfer or 2339
2826+transport cannabis to any cannabis establishment, laboratory or research 2340
2827+program, provided the product packager only transports cannabis 2341
2828+packaged at its licensed establishment and utilizing its own employees 2342
2829+or a transporter. 2343
2830+(c) A product packager shall be responsible for ensuring that 2344
2831+Bill No.
2832+
2833+
2834+
2835+LCO No. 10834 78 of 295
2836+
2837+cannabis products are labeled and packaged in compliance with the 2345
2838+provisions of RERACA and the policies and procedures issued by the 2346
2839+commissioner to implement, and any regulations adopted pursuant to, 2347
2840+RERACA. 2348
2841+(d) A product packager shall ensure all equipment utilized for 2349
2842+processing and packaging cannabis is sanitary and inspected regularly 2350
2843+to deter the adulteration of cannabis. 2351
2844+Sec. 47. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2352
2845+department may issue or renew a license for a person to be a delivery 2353
2846+service or a transporter. No person may act as a delivery service or 2354
2847+transporter or represent that such person is a licensed delivery service 2355
2848+or transporter unless such person has obtained a license from the 2356
2849+department pursuant to this section. 2357
2850+(b) Upon application for a delivery service or transporter license, the 2358
2851+applicant shall indicate whether the applicant is applying to transport 2359
2852+cannabis (1) between cannabis establishments, in which case the 2360
2853+applicant shall apply for a transporter license, or (2) from certain 2361
2854+cannabis establishments to consumers or qualifying patients and 2362
2855+caregivers, or a combination thereof, in which case the applicant shall 2363
2856+apply for a delivery service license. 2364
2857+(c) A delivery service may (1) deliver cannabis from a micro-2365
2858+cultivator, retailer, or hybrid retailer directly to a consumer, and (2) 2366
2859+deliver cannabis and medical marijuana products from a hybrid retailer 2367
2860+or dispensary facility directly to a qualifying patient, caregiver, or 2368
2861+hospice or other inpatient care facility licensed by the Department of 2369
2862+Public Health pursuant to chapter 368v of the general statutes that has 2370
2863+protocols for the handling and distribution of cannabis that have been 2371
2864+approved by the Department of Consumer Protection. A delivery 2372
2865+service may not store or maintain control of cannabis or medical 2373
2866+marijuana products for more than twenty-four hours between the point 2374
2867+when a consumer, qualifying patient, caregiver or facility places an 2375
2868+Bill No.
2869+
2870+
2871+
2872+LCO No. 10834 79 of 295
2873+
2874+order, until the time that the cannabis or medical marijuana product is 2376
2875+delivered to such consumer, qualifying patient, caregiver or facility. 2377
2876+(d) A transporter may deliver cannabis between cannabis 2378
2877+establishments, research programs and laboratories and shall not store 2379
2878+or maintain control of cannabis for more than twenty-four hours from 2380
2879+the time the transporter obtains the cannabis from a cannabis 2381
2880+establishment, research program or laboratory until the time such 2382
2881+cannabis is delivered to the destination. 2383
2882+(e) The commissioner shall adopt regulations, in accordance with 2384
2883+chapter 54 of the general statutes, to implement the provisions of 2385
2884+RERACA. Notwithstanding the requirements of sections 4-168 to 4-172, 2386
2885+inclusive, of the general statutes, in order to effectuate the purposes of 2387
2886+RERACA and protect public health and safety, prior to adopting such 2388
2887+regulations the commissioner shall issue policies and procedures to 2389
2888+implement the provisions of this section that shall have the force and 2390
2889+effect of law. The commissioner shall post all policies and procedures 2391
2890+on the department's Internet web site, and submit such policies and 2392
2891+procedures to the Secretary of the State for posting on the eRegulations 2393
2892+System, at least fifteen days prior to the effective date of any policy or 2394
2893+procedure. Any such policy or procedure shall no longer be effective 2395
2894+upon the earlier of either adoption of such policy or procedure as a final 2396
2895+regulation under section 4-172 of the general statutes or forty-eight 2397
2896+months from July 1, 2021, if such final regulations have not been 2398
2897+submitted to the legislative regulation review committee for 2399
2898+consideration under section 4-170 of the general statutes. The 2400
2899+commissioner shall issue policies and procedures, and thereafter adopt 2401
2900+final regulations, requiring that: (1) The delivery service and transporter 2402
2901+meet certain security requirements related to the storage, handling and 2403
2902+transport of cannabis, the vehicles employed, the conduct of employees 2404
2903+and agents, and the documentation that shall be maintained by the 2405
2904+delivery service, transporter and its drivers; (2) a delivery service that 2406
2905+delivers cannabis to consumers maintain an online interface that verifies 2407
2906+the age of consumers ordering cannabis for delivery and meets certain 2408
2907+Bill No.
2908+
2909+
2910+
2911+LCO No. 10834 80 of 295
2912+
2913+specifications and data security standards; and (3) a delivery service that 2409
2914+delivers cannabis to consumers, qualifying patients or caregivers, and 2410
2915+all employees and agents of such licensee, to verify the identity of the 2411
2916+qualifying patient, caregiver or consumer and the age of the consumer 2412
2917+upon delivery of cannabis to the end consumer, qualifying patient, or 2413
2918+caregiver, in a manner acceptable to the commissioner. The individual 2414
2919+placing the cannabis order shall be the individual accepting delivery of 2415
2920+the cannabis except, in the case of a qualifying patient, the individual 2416
2921+accepting the delivery may be the caregiver of such qualifying patient. 2417
2922+(f) A delivery service shall not gift or transfer cannabis at no cost to a 2418
2923+consumer or qualifying patient or caregiver as part of a commercial 2419
2924+transaction. 2420
2925+(g) A delivery service may only use individuals employed on a full-2421
2926+time basis, not less than thirty-five hours a week, to deliver cannabis 2422
2927+pursuant to subsection (c) of this section. Any delivery service 2423
2928+employees who deliver cannabis shall be registered with the 2424
2929+department, and a delivery service shall not employ more than twenty-2425
2930+five such delivery employees at any given time. 2426
2931+Sec. 48. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2427
2932+department may issue or renew a license for a person to be a cultivator. 2428
2933+No person may act as a cultivator or represent that such person is a 2429
2934+licensed cultivator unless such person has obtained a license from the 2430
2935+department pursuant to this section. 2431
2936+(b) A cultivator is authorized to cultivate, grow and propagate 2432
2937+cannabis at an establishment containing not less than fifteen thousand 2433
2938+square feet of grow space, provided such cultivator complies with the 2434
2939+provisions of any regulations adopted under section 37 of this act 2435
2940+concerning grow space. A cultivator establishment shall meet physical 2436
2941+security controls and protocols set forth and required by the 2437
2942+commissioner. 2438
2943+(c) A cultivator may label, manufacture, package and perform 2439
2944+Bill No.
2945+
2946+
2947+
2948+LCO No. 10834 81 of 295
2949+
2950+extractions on any cannabis cultivated, grown or propagated at its 2440
2951+licensed establishment, including food and beverage products 2441
2952+incorporating cannabis and cannabis concentrates, provided the 2442
2953+cultivator meets all licensure and application requirements for a food 2443
2954+and beverage manufacturer and a product manufacturer. 2444
2955+(d) A cultivator may sell, transfer or transport its cannabis to a 2445
2956+dispensary facility, hybrid retailer, retailer, food and beverage 2446
2957+manufacturer, product manufacturer, research program, laboratory or 2447
2958+product packager utilizing its own employees or a transporter. A 2448
2959+cultivator shall not sell, transfer or deliver to consumers, qualifying 2449
2960+patients or caregivers, directly or through a delivery service. 2450
2961+Sec. 49. (NEW) (Effective July 1, 2021) (a) On and after July 1, 2021, the 2451
2962+department may issue or renew a license for a person to be a micro-2452
2963+cultivator. No person may act as a micro-cultivator or represent that 2453
2964+such person is a licensed micro-cultivator unless such person has 2454
2965+obtained a license from the department pursuant to this section. 2455
2966+(b) A micro-cultivator is authorized to cultivate, grow, propagate, 2456
2967+manufacture and package the cannabis plant at an establishment 2457
2968+containing not less than two thousand square feet and not more than ten 2458
2969+thousand square feet of grow space, prior to any expansion authorized 2459
2970+by the commissioner, provided such micro-cultivator complies with the 2460
2971+provisions of any regulations adopted under section 37 of this act 2461
2972+concerning grow space. A micro-cultivator business shall meet physical 2462
2973+security controls set forth and required by the commissioner. 2463
2974+(c) A micro-cultivator may apply for expansion of its grow space, in 2464
2975+increments of five thousand square feet, on an annual basis, from the 2465
2976+date of initial licensure, if such licensee is not subject to any pending or 2466
2977+final administrative actions or judicial findings. If there are any pending 2467
2978+or final administrative actions or judicial findings against the licensee, 2468
2979+the department shall conduct a suitability review to determine whether 2469
2980+such expansion shall be granted, which determination shall be final and 2470
2981+Bill No.
2982+
2983+
2984+
2985+LCO No. 10834 82 of 295
2986+
2987+appealable only to the Superior Court. The micro-cultivator may apply 2471
2988+for an expansion of its business annually upon renewal of its credential 2472
2989+until such licensee reaches a maximum of twenty-five thousand square 2473
2990+feet of grow space. If a micro-cultivator desires to expand beyond 2474
2991+twenty-five thousand square feet of grow space, the micro-cultivator 2475
2992+licensee may apply for a cultivator license one year after its last 2476
2993+expansion request. The micro-cultivator licensee shall not be required to 2477
2994+apply through the lottery application process to convert its license to a 2478
2995+cultivator license. If a micro-cultivator maintains its license and meets 2479
2996+all of the application and licensure requirements for a cultivator license, 2480
2997+including payment of the cultivator license fee established under section 2481
2998+34 of this act, the micro-cultivator licensee shall be granted a cultivator 2482
2999+license. 2483
3000+(d) A micro-cultivator may label, manufacture, package and perform 2484
3001+extractions on any cannabis cultivated, grown and propagated at its 2485
3002+licensed establishment provided it meets all licensure and application 2486
3003+requirements for a food and beverage manufacturer, product 2487
3004+manufacturer or product packager, as applicable. 2488
3005+(e) A micro-cultivator may sell, transfer or transport its cannabis to a 2489
3006+dispensary facility, hybrid retailer, retailer, delivery service, food and 2490
3007+beverage manufacturer, product manufacturer, research program, 2491
3008+laboratory or product packager, provided the cannabis is cultivated, 2492
3009+grown and propagated at the micro-cultivator's licensed establishment 2493
3010+and transported utilizing the micro-cultivator's own employees or a 2494
3011+transporter. A micro-cultivator shall not gift or transfer cannabis or 2495
3012+cannabis products at no cost to a consumer as part of a commercial 2496
3013+transaction. 2497
3014+(f) A micro-cultivator may sell its own cannabis to consumers, 2498
3015+excluding qualifying patients and caregivers, either through a delivery 2499
3016+service or utilizing its own employees, subject to the requirements of 2500
3017+subsection (b) of section 21 of this act. Any micro-cultivator that engages 2501
3018+in the delivery of cannabis shall maintain a secure location, in a manner 2502
3019+Bill No.
3020+
3021+
3022+
3023+LCO No. 10834 83 of 295
3024+
3025+approved by the commissioner, at the micro-cultivator's premises where 2503
3026+cannabis that is unable to be delivered may be returned to the micro-2504
3027+cultivator. Such secure cannabis return location shall meet specifications 2505
3028+set forth by the commissioner and published on the department's 2506
3029+Internet web site or included in regulations adopted by the department. 2507
3030+A micro-cultivator shall cease delivery of cannabis to consumers if it 2508
3031+converts to being a cultivator. 2509
3032+Sec. 50. (NEW) (Effective July 1, 2021) (a) Until June 30, 2023, the 2510
3033+commissioner may deny a change of location application from a 2511
3034+dispensary facility or hybrid retailer based on the needs of qualifying 2512
3035+patients. 2513
3036+(b) Prior to June 30, 2022, the commissioner shall not approve the 2514
3037+relocation of a dispensary facility or hybrid retailer to a location that is 2515
3038+further than ten miles from its current dispensary facility or hybrid 2516
3039+retailer location. 2517
3040+Sec. 51. (NEW) (Effective from passage) (a) No member of the Social 2518
3041+Equity Council and no employee of the Social Equity Council or 2519
3042+department who carries out the licensing, inspection, investigation, 2520
3043+enforcement or policy decisions authorized by RERACA, and any 2521
3044+regulations enacted pursuant thereto, may, directly or indirectly, have 2522
3045+any management or financial interest in the cultivation, manufacture, 2523
3046+sale, transportation, delivery or testing of cannabis in this state, nor 2524
3047+receive any commission or profit from nor have any interest in 2525
3048+purchases or sales made by persons authorized to make such purchases 2526
3049+or sales pursuant to RERACA. No provision of this section shall prevent 2527
3050+any such member or employee from purchasing and keeping in his or 2528
3051+her possession, for his or her personal use or the use of such member's 2529
3052+or employee's family or guests, any cannabis which may be purchased 2530
3053+or kept by any person by virtue of RERACA. 2531
3054+(b) No former member of the Social Equity Council and no former 2532
3055+employee of the Social Equity Council or department described in 2533
3056+Bill No.
3057+
3058+
3059+
3060+LCO No. 10834 84 of 295
3061+
3062+subsection (a) of this section shall, within two years of leaving state 2534
3063+service, be eligible to apply as a social equity applicant either 2535
3064+individually or with a group of individuals for a cannabis establishment 2536
3065+license. 2537
3066+(c) No member of the General Assembly or state-wide elected public 2538
3067+official shall, within two years of leaving state service, be eligible to 2539
3068+apply as a social equity applicant either individually or with a group of 2540
3069+individuals for a cannabis establishment license. 2541
3070+Sec. 52. (NEW) (Effective July 1, 2021) Notwithstanding any provision 2542
3071+of the general statutes, the purchase, possession, display, sale or 2543
3072+transportation of cannabis by a cannabis establishment or employee 2544
3073+thereof shall not be unlawful and shall not be an offense or a basis for 2545
3074+seizure or forfeiture of assets so long as such purchase, possession, 2546
3075+display, sale or transportation is within the scope of such person's 2547
3076+employment or such person's license or registration and is in 2548
3077+compliance with the laws and regulations that apply to such license or 2549
3078+registration type. 2550
3079+Sec. 53. (NEW) (Effective July 1, 2021) No cannabis establishment shall 2551
3080+display cannabis, cannabis products or drug paraphernalia in a manner 2552
3081+that is visible to the general public from a public right-of-way not on 2553
3082+state lands or waters managed by the Department of Energy and 2554
3083+Environmental Protection. 2555
3084+Sec. 54. (NEW) (Effective July 1, 2021) (a) Each cannabis establishment 2556
3085+shall establish, maintain and comply with written policies and 2557
3086+procedures for the cultivation, processing, manufacture, security, 2558
3087+storage, inventory and distribution of cannabis, as applicable to the 2559
3088+specific license type. Such policies and procedures shall include 2560
3089+methods for identifying, recording and reporting diversion, theft or loss, 2561
3090+and for correcting all errors and inaccuracies in inventories. Cannabis 2562
3091+establishments shall include in their written policies and procedures a 2563
3092+process for each of the following, if the establishment engages in such 2564
3093+Bill No.
3094+
3095+
3096+
3097+LCO No. 10834 85 of 295
3098+
3099+activity: 2565
3100+(1) Handling mandatory and voluntary recalls of cannabis. Such 2566
3101+process shall be adequate to deal with recalls due to any order of the 2567
3102+commissioner and any voluntary action by the cannabis establishment 2568
3103+to remove defective or potentially defective cannabis from the market 2569
3104+or any action undertaken to promote public health and safety by 2570
3105+replacing existing cannabis with improved products or packaging; 2571
3106+(2) Preparing for, protecting against and handling any crisis that 2572
3107+affects the security or operation of any facility used in the operation of 2573
3108+a cannabis establishment in the event of a strike, fire, flood or other 2574
3109+natural disaster, or other situations of local, state or national emergency; 2575
3110+(3) Ensuring that any outdated, damaged, deteriorated, misbranded 2576
3111+or adulterated cannabis is segregated from all other inventory and 2577
3112+destroyed. Such procedure shall provide for written documentation of 2578
3113+the cannabis disposition; and 2579
3114+(4) Ensuring the oldest stock of a cannabis is sold, delivered or 2580
3115+dispensed first. Such procedure may permit deviation from this 2581
3116+requirement, if such deviation is temporary and approved by the 2582
3117+commissioner. 2583
3118+(b) A cannabis establishment shall (1) store all cannabis in such a 2584
3119+manner as to prevent diversion, theft or loss, (2) make cannabis 2585
3120+accessible only to the minimum number of specifically authorized 2586
3121+employees essential for efficient operation, and (3) return any cannabis 2587
3122+to a secure location at the end of the scheduled business day. 2588
3123+Sec. 55. (NEW) (Effective July 1, 2021) (a) Qualifying patients and 2589
3124+caregivers registered pursuant to chapter 420f of the general statutes 2590
3125+shall be permitted to purchase cannabis of higher potency, varied 2591
3126+dosage form, and in a larger per transaction or per day amount than are 2592
3127+generally available for retail purchase, as determined by the 2593
3128+commissioner. Such determination, if any, shall be published on the 2594
3129+Bill No.
3130+
3131+
3132+
3133+LCO No. 10834 86 of 295
3134+
3135+Department of Consumer Protection's Internet web site or included in 2595
3136+regulations adopted by the department. 2596
3137+(b) Notwithstanding any provision of the general statutes, the sale or 2597
3138+delivery of drug paraphernalia to a qualifying patient or caregiver or 2598
3139+person licensed pursuant to the provisions of RERACA or chapter 420f 2599
3140+of the general statutes, shall not be considered a violation of the 2600
3141+provisions of RERACA. 2601
3142+Sec. 56. (NEW) (Effective January 1, 2022) (a) Each cannabis 2602
3143+establishment, licensed pursuant to chapter 420f of the general statutes 2603
3144+or the provisions of RERACA shall maintain a record of all cannabis 2604
3145+grown, manufactured, wasted and distributed between cannabis 2605
3146+establishments and to consumers, qualifying patients and caregivers in 2606
3147+a form and manner prescribed by the commissioner. The commissioner 2607
3148+shall require each cannabis establishment to use an electronic tracking 2608
3149+system to monitor the production, harvesting, storage, manufacturing, 2609
3150+packaging and labeling, processing, transport, transfer and sale of 2610
3151+cannabis from the point of cannabis cultivation inception through the 2611
3152+point when the final product is sold to a consumer, qualifying patient, 2612
3153+caregiver, research program or otherwise disposed of in accordance 2613
3154+with chapter 420f of the general statutes or the provisions of RERACA, 2614
3155+and the policies and procedures or regulations issued pursuant to 2615
3156+RERACA. Cannabis establishments shall be required to utilize such 2616
3157+electronic tracking system and enter the data points required by the 2617
3158+commissioner to ensure cannabis is safe, secure and properly labeled for 2618
3159+consumer or qualifying patient use. The commissioner may contract 2619
3160+with one or more vendors for the purpose of electronically collecting 2620
3161+such cannabis information. 2621
3162+(b) The electronic tracking system shall not collect information about 2622
3163+any individual consumer, qualifying patient or caregiver purchasing 2623
3164+cannabis. 2624
3165+(c) The electronic tracking system shall (1) track each cannabis seed, 2625
3166+Bill No.
3167+
3168+
3169+
3170+LCO No. 10834 87 of 295
3171+
3172+clone, seedling or other commencement of the growth of a cannabis 2626
3173+plant or introduction of any cannabinoid intended for use by a cannabis 2627
3174+establishment, and (2) collect the unit price and amount sold for each 2628
3175+retail sale of cannabis. 2629
3176+(d) Information within the electronic tracking system shall be 2630
3177+confidential and shall not be subject to disclosure under the Freedom of 2631
3178+Information Act, as defined in section 1-200 of the general statutes, 2632
3179+except that (1) the commissioner may provide reasonable access to 2633
3180+cannabis tracking data obtained under this section to: (A) State agencies 2634
3181+and local law enforcement agencies for the purpose of investigating or 2635
3182+prosecuting a violation of law; (B) public or private entities for research 2636
3183+or educational purposes, provided no individually identifiable 2637
3184+information may be disclosed; (C) as part of disciplinary action taken by 2638
3185+the department, to another state agency or local law enforcement; (D) 2639
3186+the office of the Attorney General for any review or investigation; and 2640
3187+(E) in the aggregate, the Department of Public Health and Department 2641
3188+of Mental Health and Addiction Services for epidemiological 2642
3189+surveillance, research and analysis in conjunction with the Department 2643
3190+of Consumer Protection; and (2) the commissioner shall provide access 2644
3191+to the electronic tracking system to (A) the Department of Revenue 2645
3192+Services for the purposes of enforcement of any tax -related 2646
3193+investigations and audits, and (B) the Connecticut Agricultural 2647
3194+Experiment Station for the purpose of laboratory testing and 2648
3195+surveillance. 2649
3196+Sec. 57. (NEW) (Effective July 1, 2021) (a) Each cannabis establishment 2650
3197+shall maintain all records necessary to fully demonstrate business 2651
3198+transactions related to cannabis for a period covering the current taxable 2652
3199+year and the three immediately preceding taxable years, all of which 2653
3200+shall be made available to the department pursuant to subsection (c) of 2654
3201+this section. 2655
3202+(b) The commissioner may require any licensee to furnish such 2656
3203+information as the commissioner considers necessary for the proper 2657
3204+Bill No.
3205+
3206+
3207+
3208+LCO No. 10834 88 of 295
3209+
3210+administration of RERACA, and may require an audit of any cannabis 2658
3211+establishment, the expense thereof to be paid by such cannabis 2659
3212+establishment. 2660
3213+(c) Each cannabis establishment, and each person in charge, or having 2661
3214+custody, of such documents, shall maintain such documents in an 2662
3215+auditable format for the current taxable year and the three preceding 2663
3216+taxable years. Upon request, such person shall make such documents 2664
3217+immediately available for inspection and copying by the commissioner 2665
3218+or any other enforcement agency or others authorized by RERACA, and 2666
3219+shall produce copies of such documents to the commissioner or 2667
3220+commissioner's authorized representative within two business days. 2668
3221+Such documents shall be provided to the commissioner in electronic 2669
3222+format, unless not commercially practical. In complying with the 2670
3223+provisions of this subsection, no person shall use a foreign language, 2671
3224+codes or symbols to designate cannabis or cannabis product types or 2672
3225+persons in the keeping of any required document. 2673
3226+(d) For purposes of the supervision and enforcement of the 2674
3227+provisions of RERACA, the commissioner may: 2675
3228+(1) Enter any place, including a vehicle, in which cannabis is held, 2676
3229+sold, produced, delivered, transported, manufactured or otherwise 2677
3230+disposed of; 2678
3231+(2) Inspect a cannabis establishment and all pertinent equipment, 2679
3232+finished and unfinished material, containers and labeling, and all things 2680
3233+in such place, including records, files, financial data, sales data, shipping 2681
3234+data, pricing data, employee data, research, papers, processes, controls 2682
3235+and facilities; and 2683
3236+(3) Inventory any stock of cannabis and obtain samples of any 2684
3237+cannabis, any labels or containers, paraphernalia and of any finished or 2685
3238+unfinished material. 2686
3239+(e) Except as otherwise provided in RERACA, all records maintained 2687
3240+Bill No.
3241+
3242+
3243+
3244+LCO No. 10834 89 of 295
3245+
3246+or kept on file related to RERACA by the department or the Social 2688
3247+Equity Council shall be public records for purposes of the Freedom of 2689
3248+Information Act, as defined in section 1-200 of the general statutes. In 2690
3249+addition to the nondisclosure provisions contained in sections 35, 56, 58 2691
3250+and 61 of this act, sections 1-210, 21a-408d, 21a-408l and 21a-408v of the 2692
3251+general statutes, any information related to (1) the physical security 2693
3252+plans of a cannabis establishment or the criminal background of 2694
3253+individual applicants that is obtained by the department through the 2695
3254+licensing process, (2) the supply and distribution of cannabis by 2696
3255+cannabis establishments, and (3) qualified patient and caregiver 2697
3256+information, shall be confidential and shall not be subject to disclosure 2698
3257+under the Freedom of Information Act, as defined in section 1-200 of the 2699
3258+general statutes. 2700
3259+Sec. 58. (NEW) (Effective July 1, 2021) (a) For sufficient cause found 2701
3260+pursuant to subsection (b) of this section, the commissioner may 2702
3261+suspend or revoke a license or registration, issue fines of not more than 2703
3262+twenty-five thousand dollars per violation, accept an offer in 2704
3263+compromise or refuse to grant or renew a license or registration issued 2705
3264+pursuant to RERACA, or place such licensee or registrant on probation, 2706
3265+place conditions on such licensee or registrant or take other actions 2707
3266+permitted by law. Information from inspections and investigations 2708
3267+conducted by the department related to administrative complaints or 2709
3268+cases shall not be subject to disclosure under the Freedom of 2710
3269+Information Act, as defined in section 1-200 of the general statutes, 2711
3270+except after the department has entered into a settlement agreement, or 2712
3271+concluded its investigation or inspection as evidenced by case closure, 2713
3272+provided that nothing in this section shall prevent the department from 2714
3273+sharing information with other state and federal agencies and law 2715
3274+enforcement as it relates to investigating violations of law. 2716
3275+(b) Any of the following shall constitute sufficient cause for such 2717
3276+action by the commissioner, including, but not limited to: 2718
3277+(1) Furnishing of false or fraudulent information in any application 2719
3278+Bill No.
3279+
3280+
3281+
3282+LCO No. 10834 90 of 295
3283+
3284+or failure to comply with representations made in any application, 2720
3285+including, but not limited to, medical preservation plans and security 2721
3286+requirements; 2722
3287+(2) A civil judgment against or disqualifying conviction of a cannabis 2723
3288+establishment licensee, backer, key employee or license applicant; 2724
3289+(3) Failure to maintain effective controls against diversion, theft or 2725
3290+loss of cannabis, cannabis products or other controlled substances; 2726
3291+(4) Discipline by, or a pending disciplinary action or an unresolved 2727
3292+complaint against a cannabis establishment licensee, registrant or 2728
3293+applicant regarding any professional license or registration of any 2729
3294+federal, state or local government; 2730
3295+(5) Failure to keep accurate records and to account for the cultivation, 2731
3296+manufacture, packaging or sale of cannabis; 2732
3297+(6) Denial, suspension or revocation of a license or registration, or the 2733
3298+denial of a renewal of a license or registration, by any federal, state or 2734
3299+local government or a foreign jurisdiction; 2735
3300+(7) False, misleading or deceptive representations to the public or the 2736
3301+department; 2737
3302+(8) Return to regular stock of any cannabis where: 2738
3303+(A) The package or container containing the cannabis has been 2739
3304+opened, breached, tampered with or otherwise adulterated; or 2740
3305+(B) The cannabis has been previously sold to an end user or research 2741
3306+program subject; 2742
3307+(9) Involvement in a fraudulent or deceitful practice or transaction; 2743
3308+(10) Performance of incompetent or negligent work; 2744
3309+(11) Failure to maintain the entire cannabis establishment premises 2745
3310+Bill No.
3311+
3312+
3313+
3314+LCO No. 10834 91 of 295
3315+
3316+or laboratory and contents in a secure, clean, orderly and sanitary 2746
3317+condition; 2747
3318+(12) Permitting another person to use the licensee's license; 2748
3319+(13) Failure to properly register employees or license key employees, 2749
3320+or failure to notify the department of a change in key employees or 2750
3321+backers; 2751
3322+(14) An adverse administrative decision or delinquency assessment 2752
3323+against the cannabis establishment from the Department of Revenue 2753
3324+Services; 2754
3325+(15) Failure to cooperate or give information to the department, local 2755
3326+law enforcement authorities or any other enforcement agency upon any 2756
3327+matter arising out of conduct at the premises of a cannabis 2757
3328+establishment or laboratory or in connection with a research program; 2758
3329+(16) Advertising in a manner prohibited by section 33 of this act; or 2759
3330+(17) Failure to comply with any provision of RERACA, or any policies 2760
3331+and procedures issued by the commissioner to implement, or 2761
3332+regulations adopted pursuant to, RERACA. 2762
3333+(c) Upon refusal to issue or renew a license or registration, the 2763
3334+commissioner shall notify the applicant of the denial and of the 2764
3335+applicant's right to request a hearing within ten days from the date of 2765
3336+receipt of the notice of denial. If the applicant requests a hearing within 2766
3337+such ten-day period, the commissioner shall give notice of the grounds 2767
3338+for the commissioner's refusal and shall conduct a hearing concerning 2768
3339+such refusal in accordance with the provisions of chapter 54 of the 2769
3340+general statutes concerning contested cases. If the commissioner's denial 2770
3341+of a license or registration is sustained after such hearing, an applicant 2771
3342+may not apply for a new cannabis establishment, backer or key 2772
3343+employee license or employee registration for a period of one year after 2773
3344+the date on which such denial was sustained. 2774
3345+Bill No.
3346+
3347+
3348+
3349+LCO No. 10834 92 of 295
3350+
3351+(d) No person whose license or registration has been revoked may 2775
3352+apply for a cannabis establishment, backer or key employee license or 2776
3353+an employee registration for a period of one year after the date of such 2777
3354+revocation. 2778
3355+(e) The voluntary surrender or failure to renew a license or 2779
3356+registration shall not prevent the commissioner from suspending or 2780
3357+revoking such license or registration or imposing other penalties 2781
3358+permitted by RERACA. 2782
3359+Sec. 59. (NEW) (Effective from passage) (a) The commissioner may 2783
3360+adopt regulations in accordance with chapter 54 of the general statutes, 2784
3361+including emergency regulations pursuant to section 4-168 of the 2785
3362+general statutes, to implement the provisions of RERACA. 2786
3363+(b) Notwithstanding the requirements of sections 4-168 to 4-172, 2787
3364+inclusive, of the general statutes, in order to effectuate the purposes of 2788
3365+RERACA and protect public health and safety, prior to adopting such 2789
3366+regulations the commissioner shall implement policies and procedures 2790
3367+to implement the provisions of RERACA that shall have the force and 2791
3368+effect of law. The commissioner shall post all such policies and 2792
3369+procedures on the department's Internet web site and submit such 2793
3370+policies and procedures to the Secretary of the State for posting on the 2794
3371+eRegulations System, at least fifteen days prior to the effective date of 2795
3372+any policy or procedure. Any such policies and procedures shall no 2796
3373+longer be effective upon the earlier of either adoption of such policies 2797
3374+and procedures as a final regulation under section 4-172 of the general 2798
3375+statutes or forty-eight months from the effective date of this section, if 2799
3376+such regulations have not been submitted to the legislative regulation 2800
3377+review committee for consideration under section 4-170 of the general 2801
3378+statutes. 2802
3379+Sec. 60. (Effective July 1, 2022) Not later than January 1, 2023, the 2803
3380+department shall make written recommendations, in accordance with 2804
3381+the provisions of section 11-4a of the general statutes, to the Governor 2805
3382+Bill No.
3383+
3384+
3385+
3386+LCO No. 10834 93 of 295
3387+
3388+and the joint standing committees of the General Assembly having 2806
3389+cognizance of matters relating to consumer protection, the judiciary and 2807
3390+finance, revenue and bonding, concerning whether to authorize on-site 2808
3391+consumption or events that allow for cannabis usage, including whether 2809
3392+to establish a cannabis on-site consumption or event license. 2810
3393+Sec. 61. (NEW) (Effective July 1, 2021) (a) For purposes of this section: 2811
3394+(1) "Material change" means: (A) The addition of a backer, (B) a 2812
3395+change in the ownership interest of an existing backer, (C) the merger, 2813
3396+consolidation or other affiliation of a cannabis establishment with 2814
3397+another cannabis establishment, (D) the acquisition of all or part of a 2815
3398+cannabis establishment by another cannabis establishment or backer, 2816
3399+and (E) the transfer of assets or security interests from a cannabis 2817
3400+establishment to another cannabis establishment or backer; 2818
3401+(2) "Cannabis establishment" has the same meaning as provided in 2819
3402+section 1 of this act; 2820
3403+(3) "Person" has the same meaning as provided in section 1 of this act; 2821
3404+and 2822
3405+(4) "Transfer" means to sell, transfer, lease, exchange, option, convey, 2823
3406+give or otherwise dispose of or transfer control over, including, but not 2824
3407+limited to, transfer by way of merger or joint venture not in the ordinary 2825
3408+course of business. 2826
3409+(b) No person shall, directly or indirectly, enter into a transaction that 2827
3410+results in a material change to a cannabis establishment, unless all 2828
3411+parties involved in the transaction file a written notification with the 2829
3412+Attorney General pursuant to subsection (c) of this section and the 2830
3413+waiting period described in subsection (d) of this section has expired. 2831
3414+(c) The written notice required under subsection (b) of this section 2832
3415+shall be in such form and contain such documentary material and 2833
3416+information relevant to the proposed transaction as the Attorney 2834
3417+Bill No.
3418+
3419+
3420+
3421+LCO No. 10834 94 of 295
3422+
3423+General deems necessary and appropriate to enable the Attorney 2835
3424+General to determine whether such transaction, if consummated, would 2836
3425+violate antitrust laws. 2837
3426+(d) The waiting period required under subsection (b) of this section 2838
3427+shall begin on the date of the receipt by the Attorney General's office of 2839
3428+the completed notification required under subsection (c) of this section 2840
3429+from all parties to the transaction and shall end on the thirtieth day after 2841
3430+the date of such receipt, unless such time is extended pursuant to 2842
3431+subsection (f) of this section. 2843
3432+(e) The Attorney General may, in individual cases, terminate the 2844
3433+waiting period specified in subsection (d) of this section and allow any 2845
3434+person to proceed with any transaction. 2846
3435+(f) The Attorney General may, prior to the expiration of the thirty-day 2847
3436+waiting period, require the submission of additional information or 2848
3437+documentary material relevant to the proposed transaction from a 2849
3438+person required to file notification with respect to such transaction 2850
3439+under subsection (b) of this section. Upon request for additional 2851
3440+information under this subsection, the waiting period shall be extended 2852
3441+until thirty days after the parties have substantially complied, as 2853
3442+determined solely by the Attorney General, with such request for 2854
3443+additional information. 2855
3444+(g) Any information or documentary material filed with the Attorney 2856
3445+General pursuant to this section shall not be subject to disclosure under 2857
3446+the Freedom of Information Act, as defined in section 1-200 of the 2858
3447+general statutes, and no such information or documentary material may 2859
3448+be made public, except as may be relevant to any administrative or 2860
3449+judicial action or proceeding. Such information or documentary 2861
3450+material shall be returned to the person furnishing such information or 2862
3451+documentary material upon the termination of the Attorney General's 2863
3452+review or final determination of any action or proceeding commenced 2864
3453+thereunder. 2865
3454+Bill No.
3455+
3456+
3457+
3458+LCO No. 10834 95 of 295
3459+
3460+(h) (1) Any person, or any officer, director or partner thereof, who 2866
3461+fails to comply with any provision of this section shall be liable to the 2867
3462+state for a civil penalty of not more than twenty-five thousand dollars 2868
3463+for each day during which such person is in violation of this section. 2869
3464+Such penalty may be recovered in a civil action brought by the Attorney 2870
3465+General. 2871
3466+(2) If any person, or any officer, director, partner, agent or employee 2872
3467+thereof, fails substantially to comply with the notification requirement 2873
3468+under subsection (b) of this section or any request for the submission of 2874
3469+additional information or documentary material under subsection (f) of 2875
3470+this section within the waiting period specified in subsection (d) of this 2876
3471+section and as may be extended under subsection (f) of this section, the 2877
3472+court: 2878
3473+(A) May order compliance; 2879
3474+(B) Shall extend the waiting period specified in subsection (d) of this 2880
3475+section and as may have been extended under subsection (f) of this 2881
3476+section until there has been substantial compliance, except that, in the 2882
3477+case of a tender offer, the court may not extend such waiting period on 2883
3478+the basis of a failure, by the person whose stock is sought to be acquired, 2884
3479+to comply substantially with such notification requirement or any such 2885
3480+request; and 2886
3481+(C) May grant such other equitable relief as the court in its discretion 2887
3482+determines necessary or appropriate, upon application of the Attorney 2888
3483+General. 2889
3484+Sec. 62. (NEW) (Effective July 1, 2022) Each cannabis establishment 2890
3485+shall annually report publicly in a manner prescribed by the 2891
3486+commissioner: (1) Its annual usage of electricity, and (2) what fraction 2892
3487+of its electricity usage is generated from Class I Renewable Portfolio 2893
3488+Standards produced in the state per the Regional Greenhouse Gas 2894
3489+Initiative agreement. Each cannabis establishment shall purchase 2895
3490+electricity generated from Class I Renewable Portfolio Standards 2896
3491+Bill No.
3492+
3493+
3494+
3495+LCO No. 10834 96 of 295
3496+
3497+produced in the states that are party to the Regional Greenhouse Gas 2897
3498+Initiative agreement, to the greatest extent possible. 2898
3499+Sec. 63. (Effective from passage) Not later than January 1, 2022, the 2899
3500+Banking Commissioner, in consultation with the Commissioner of 2900
3501+Consumer Protection, shall report to the Governor and the joint 2901
3502+standing committees of the General Assembly having cognizance of 2902
3503+matters relating to banking, the judiciary and finance, revenue and 2903
3504+bonding, regarding recommended legislation to implement the 2904
3505+provisions of RERACA, to facilitate the use of electronic payments by 2905
3506+cannabis establishments and consumers and regarding access for 2906
3507+cannabis establishments to (1) depository banking, and (2) commercial 2907
3508+mortgages. 2908
3509+Sec. 64. (Effective from passage) Not later than January 1, 2022, the 2909
3510+Insurance Commissioner shall report to the Governor and the joint 2910
3511+standing committee of the General Assembly having cognizance of 2911
3512+matters relating to insurance regarding access to insurance by cannabis 2912
3513+establishments. 2913
3514+Sec. 65. (Effective from passage) Not later than January 1, 2023, the 2914
3515+Alcohol and Drug Policy Council, jointly with the Departments of 2915
3516+Public Health, Mental Health and Addiction Services and Children and 2916
3517+Families, shall make recommendations to the Governor and the joint 2917
3518+standing committees of the General Assembly having cognizance of 2918
3519+matters relating to public health, the judiciary and finance, revenue and 2919
3520+bonding regarding (1) efforts to promote public health, science-based 2920
3521+harm reduction, mitigate misuse and the risk of addiction to cannabis 2921
3522+and the effective treatment of addiction to cannabis with a particular 2922
3523+focus on individuals under twenty-one years of age; (2) the collection 2923
3524+and reporting of data to allow for epidemiological surveillance and 2924
3525+review of cannabis consumption and the impacts thereof in the state; (3) 2925
3526+impacts of cannabis legalization on the education, mental health and 2926
3527+social and emotional health of individuals under twenty-one years of 2927
3528+age; and (4) any further measures the state should take to prevent usage 2928
3529+Bill No.
3530+
3531+
3532+
3533+LCO No. 10834 97 of 295
3534+
3535+of cannabis by individuals under twenty-one years of age, including, 2929
3536+but not limited to, product restrictions and prevention campaigns. 2930
3537+Sec. 66. Section 21a-408 of the general statutes is repealed and the 2931
3538+following is substituted in lieu thereof (Effective October 1, 2021): 2932
3539+As used in this section, sections 21a-408a to 21a-408o, inclusive, and 2933
3540+sections 21a-408r to 21a-408v, inclusive, unless the context otherwise 2934
3541+requires: 2935
3542+(1) "Advanced practice registered nurse" means an advanced practice 2936
3543+registered nurse licensed pursuant to chapter 378; 2937
3544+(2) "Cannabis establishment" has the same meaning as provided in 2938
3545+section 1 of this act; 2939
3546+[(2)] (3) "Cultivation" includes planting, propagating, cultivating, 2940
3547+growing and harvesting; 2941
3548+[(3)] (4) "Debilitating medical condition" means (A) cancer, glaucoma, 2942
3549+positive status for human immunodeficiency virus or acquired immune 2943
3550+deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 2944
3551+the nervous tissue of the spinal cord with objective neurological 2945
3552+indication of intractable spasticity, epilepsy or uncontrolled intractable 2946
3553+seizure disorder, cachexia, wasting syndrome, Crohn's disease, 2947
3554+posttraumatic stress disorder, irreversible spinal cord injury with 2948
3555+objective neurological indication of intractable spasticity, cerebral palsy, 2949
3556+cystic fibrosis or terminal illness requiring end-of-life care, except, if the 2950
3557+qualifying patient is under eighteen years of age, "debilitating medical 2951
3558+condition" means terminal illness requiring end-of-life care, irreversible 2952
3559+spinal cord injury with objective neurological indication of intractable 2953
3560+spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 2954
3561+intractable seizure disorder, or (B) any medical condition, medical 2955
3562+treatment or disease approved for qualifying patients by the 2956
3563+Department of Consumer Protection [pursuant to regulations adopted 2957
3564+under section 21a-408m] and posted online pursuant to section 21a-408l; 2958
3565+Bill No.
3566+
3567+
3568+
3569+LCO No. 10834 98 of 295
3570+
3571+(5) "Dispensary facility" means a place of business where marijuana 2959
3572+may be dispensed, sold or distributed in accordance with this chapter 2960
3573+and any regulations adopted thereunder to qualifying patients and 2961
3574+caregivers and for which the department has issued a dispensary facility 2962
3575+license pursuant to this chapter; 2963
3576+(6) "Employee" has the same meaning as provided in section 1 of this 2964
3577+act; 2965
3578+[(4)] (7) "Institutional animal care and use committee" means a 2966
3579+committee that oversees an organization's animal program, facilities 2967
3580+and procedures to ensure compliance with federal policies, guidelines 2968
3581+and principles related to the care and use of animals in research; 2969
3582+[(5)] (8) "Institutional review board" means a specifically constituted 2970
3583+review body established or designated by an organization to protect the 2971
3584+rights and welfare of persons recruited to participate in biomedical, 2972
3585+behavioral or social science research; 2973
3586+[(6)] (9) "Laboratory" means a laboratory located in the state that is 2974
3587+licensed by the department to provide analysis of [controlled substances 2975
3588+pursuant to] marijuana and that meets the licensure requirements set 2976
3589+forth in section 21a-246; [and section 21a-408r;] 2977
3590+[(7)] (10) "Laboratory employee" means a person who is [(A) licensed] 2978
3591+registered as a laboratory employee pursuant to section 21a-408r; [, or 2979
3592+(B) holds a temporary certificate of registration issued pursuant to 2980
3593+section 21a-408r;] 2981
3594+[(8)] (11) "Licensed dispensary" or "dispensary" means [a person] an 2982
3595+individual who is a licensed [as] pharmacist employed by a dispensary 2983
3596+[pursuant to section 21a-408h] facility or hybrid retailer; 2984
3597+[(9) "Licensed producer" or "producer"] (12) "Producer" means a 2985
3598+person who is licensed as a producer pursuant to section 21a-408i; 2986
3599+[(10)] (13) "Marijuana" means marijuana, as defined in section 21a-2987
3600+Bill No.
3601+
3602+
3603+
3604+LCO No. 10834 99 of 295
3605+
3606+240; 2988
3607+[(11)] (14) "Nurse" means a person who is licensed as a nurse under 2989
3608+chapter 378; 2990
3609+[(12)] (15) "Palliative use" means the acquisition, distribution, 2991
3610+transfer, possession, use or transportation of marijuana or paraphernalia 2992
3611+relating to marijuana, including the transfer of marijuana and 2993
3612+paraphernalia relating to marijuana from the patient's [primary] 2994
3613+caregiver to the qualifying patient, to alleviate a qualifying patient's 2995
3614+symptoms of a debilitating medical condition or the effects of such 2996
3615+symptoms, but does not include any such use of marijuana by any 2997
3616+person other than the qualifying patient; 2998
3617+[(13)] (16) "Paraphernalia" means drug paraphernalia, as defined in 2999
3618+section 21a-240; 3000
3619+[(14)] (17) "Physician" means a person who is licensed as a physician 3001
3620+under chapter 370, but does not include a physician assistant, as defined 3002
3621+in section 20-12a; 3003
3622+[(15) "Primary caregiver"] (18) "Caregiver" means a person, other than 3004
3623+the qualifying patient and the qualifying patient's physician or 3005
3624+advanced practice registered nurse, who is eighteen years of age or older 3006
3625+and has agreed to undertake responsibility for managing the well-being 3007
3626+of the qualifying patient with respect to the palliative use of marijuana, 3008
3627+provided (A) in the case of a qualifying patient (i) under eighteen years 3009
3628+of age and not an emancipated minor, or (ii) otherwise lacking legal 3010
3629+capacity, such person shall be a parent, guardian or person having legal 3011
3630+custody of such qualifying patient, and (B) in the case of a qualifying 3012
3631+patient eighteen years of age or older or an emancipated minor, the need 3013
3632+for such person shall be evaluated by the qualifying patient's physician 3014
3633+or advanced practice registered nurse and such need shall be 3015
3634+documented in the written certification; 3016
3635+[(16)] (19) "Qualifying patient" means a person who: (A) Is a resident 3017
3636+Bill No.
3637+
3638+
3639+
3640+LCO No. 10834 100 of 295
3641+
3642+of Connecticut, (B) has been diagnosed by a physician or an advanced 3018
3643+practice registered nurse as having a debilitating medical condition, and 3019
3644+(C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or 3020
3645+(iii) has written consent from a custodial parent, guardian or other 3021
3646+person having legal custody of such person that indicates that such 3022
3647+person has permission from such parent, guardian or other person for 3023
3648+the palliative use of marijuana for a debilitating medical condition and 3024
3649+that such parent, guardian or other person will (I) serve as a [primary] 3025
3650+caregiver for the qualifying patient, and (II) control the acquisition and 3026
3651+possession of marijuana and any related paraphernalia for palliative use 3027
3652+on behalf of such person. "Qualifying patient" does not include an 3028
3653+inmate confined in a correctional institution or facility under the 3029
3654+supervision of the Department of Correction; 3030
3655+[(17)] (20) "Research program" means a study approved by the 3031
3656+Department of Consumer Protection in accordance with this chapter 3032
3657+and undertaken to increase information or knowledge regarding the 3033
3658+growth [,] or processing of marijuana, or the medical attributes, dosage 3034
3659+forms, administration or use of marijuana to treat or alleviate symptoms 3035
3660+of any medical conditions or the effects of such symptoms; 3036
3661+[(18)] (21) "Research program employee" means a person who (A) is 3037
3662+[licensed] registered as a research program employee under section 21a-3038
3663+408t, or (B) holds a temporary certificate of registration issued pursuant 3039
3664+to section 21a-408t; 3040
3665+[(19)] (22) "Research program subject" means a person registered as a 3041
3666+research program subject pursuant to section 21a-408v; 3042
3667+[(20)] (23) "Usable marijuana" means the dried leaves and flowers of 3043
3668+the marijuana plant, and any mixtures or preparations of such leaves 3044
3669+and flowers, that are appropriate for the palliative use of marijuana, but 3045
3670+does not include the seeds, stalks and roots of the marijuana plant; and 3046
3671+[(21)] (24) "Written certification" means a written certification issued 3047
3672+by a physician or an advanced practice registered nurse pursuant to 3048
3673+Bill No.
3674+
3675+
3676+
3677+LCO No. 10834 101 of 295
3678+
3679+section 21a-408c. 3049
3680+Sec. 67. Section 21a-408a of the general statutes is repealed and the 3050
3681+following is substituted in lieu thereof (Effective July 1, 2021): 3051
3682+(a) A qualifying patient shall register with the Department of 3052
3683+Consumer Protection pursuant to section 21a-408d prior to engaging in 3053
3684+the palliative use of marijuana. A qualifying patient who has a valid 3054
3685+registration certificate from the Department of Consumer Protection 3055
3686+pursuant to subsection (a) of section 21a-408d and complies with the 3056
3687+requirements of sections 21a-408 to [21a-408n] 21a-408m, inclusive, shall 3057
3688+not be subject to arrest or prosecution, penalized in any manner, 3058
3689+including, but not limited to, being subject to any civil penalty, or denied 3059
3690+any right or privilege, including, but not limited to, being subject to any 3060
3691+disciplinary action by a professional licensing board, for the palliative 3061
3692+use of marijuana if: 3062
3693+(1) The qualifying patient's physician or advanced practice registered 3063
3694+nurse has issued a written certification to the qualifying patient for the 3064
3695+palliative use of marijuana after the physician or advanced practice 3065
3696+registered nurse has prescribed, or determined it is not in the best 3066
3697+interest of the patient to prescribe, prescription drugs to address the 3067
3698+symptoms or effects for which the certification is being issued; 3068
3699+(2) The combined amount of marijuana possessed by the qualifying 3069
3700+patient and the [primary] caregiver for palliative use does not exceed 3070
3701+[an amount of usable marijuana reasonably necessary to ensure 3071
3702+uninterrupted availability for a period of one month, as determined by 3072
3703+the Department of Consumer Protection pursuant to regulations 3073
3704+adopted under section 21a-408m; and] five ounces; 3074
3705+(3) The qualifying patient has not more than one [primary] caregiver 3075
3706+at any time; [.] and 3076
3707+(4) Any cannabis plants grown by the qualifying patient in his or 3077
3708+home is in compliance with subsection (b) of section 21a-408d and any 3078
3709+Bill No.
3710+
3711+
3712+
3713+LCO No. 10834 102 of 295
3714+
3715+applicable regulations. 3079
3716+(b) The provisions of subsection (a) of this section do not apply to: 3080
3717+(1) Any palliative use of marijuana that endangers the health or well-3081
3718+being of a person other than the qualifying patient or the [primary] 3082
3719+caregiver; or 3083
3720+(2) The ingestion of marijuana (A) in a motor bus or a school bus or 3084
3721+in any other moving vehicle, (B) in the workplace, (C) on any school 3085
3722+grounds or any public or private school, dormitory, college or university 3086
3723+property, unless such college or university is participating in a research 3087
3724+program and such use is pursuant to the terms of the research program, 3088
3725+(D) in any public place, or (E) in the presence of a person under the age 3089
3726+of eighteen, unless such person is a qualifying patient or research 3090
3727+program subject. For the purposes of this subdivision, (i) "presence" 3091
3728+means within the direct line of sight of the palliative use of marijuana or 3092
3729+exposure to second-hand marijuana smoke, or both; (ii) "public place" 3093
3730+means any area that is used or held out for use by the public whether 3094
3731+owned or operated by public or private interests; (iii) "vehicle" means a 3095
3732+vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus, 3096
3733+as defined in section 14-1; and (v) "school bus" means a school bus, as 3097
3734+defined in section 14-1. 3098
3735+Sec. 68. Section 21a-408b of the general statutes is repealed and the 3099
3736+following is substituted in lieu thereof (Effective July 1, 2021): 3100
3737+(a) No person may serve as a [primary] caregiver for a qualifying 3101
3738+patient (1) unless such qualifying patient has a valid registration 3102
3739+certificate from the Department of Consumer Protection pursuant to 3103
3740+subsection (a) of section 21a-408d, and (2) if such person has been 3104
3741+convicted of a violation of any law pertaining to the illegal manufacture, 3105
3742+sale or distribution of a controlled substance. A [primary] caregiver may 3106
3743+not be responsible for the care of more than one qualifying patient at 3107
3744+any time, except that a [primary] caregiver may be responsible for the 3108
3745+care of more than one qualifying patient if the [primary] caregiver and 3109
3746+Bill No.
3747+
3748+
3749+
3750+LCO No. 10834 103 of 295
3751+
3752+each qualifying patient have a parental, guardianship, conservatorship 3110
3753+or sibling relationship. 3111
3754+(b) A [primary] caregiver who has a valid registration certificate from 3112
3755+the Department of Consumer Protection pursuant to subsection (a) of 3113
3756+section 21a-408d and complies with the requirements of sections 21a-408 3114
3757+to [21a-408n] 21a-408m, inclusive, shall not be subject to arrest or 3115
3758+prosecution, penalized in any manner, including, but not limited to, 3116
3759+being subject to any civil penalty, or denied any right or privilege, 3117
3760+including, but not limited to, being subject to any disciplinary action by 3118
3761+a professional licensing board, for the acquisition, distribution, 3119
3762+possession or transportation of marijuana or paraphernalia related to 3120
3763+marijuana on behalf of such [primary] caregiver's qualifying patient, 3121
3764+provided [(1)] the amount of any marijuana so acquired, distributed, 3122
3765+possessed or transported, together with the combined amount of usable 3123
3766+marijuana possessed by the qualifying patient and the [primary] 3124
3767+caregiver, does not exceed [an amount reasonably necessary to ensure 3125
3768+uninterrupted availability for a period of one month, as determined by 3126
3769+the Department of Consumer Protection pursuant to regulations 3127
3770+adopted under section 21a-408m, and (2) such amount is obtained solely 3128
3771+within this state from a licensed dispensary. Any person with a valid 3129
3772+registration certificate who is found to be in possession of marijuana that 3130
3773+did not originate from the selected dispensary may be subject to a 3131
3774+hearing before the commissioner for possible enforcement action 3132
3775+concerning the registration certificate issued by the department] five 3133
3776+ounces. For the purposes of this subsection, "distribution" or 3134
3777+"distributed" means the transfer of marijuana and paraphernalia related 3135
3778+to marijuana from the [primary] caregiver to the qualifying patient. 3136
3779+(c) A dispensary facility shall not dispense any [marijuana] cannabis 3137
3780+product, as defined in section 1 of this act, in a smokable, inhalable or 3138
3781+vaporizable form to a [primary] caregiver for a qualifying patient who 3139
3782+is under eighteen years of age. 3140
3783+Sec. 69. Section 21a-408c of the general statutes is repealed and the 3141
3784+Bill No.
3785+
3786+
3787+
3788+LCO No. 10834 104 of 295
3789+
3790+following is substituted in lieu thereof (Effective July 1, 2021): 3142
3791+(a) A physician or an advanced practice registered nurse may issue a 3143
3792+written certification to a qualifying patient that authorizes the palliative 3144
3793+use of marijuana by the qualifying patient. Such written certification 3145
3794+shall be in the form prescribed by the Department of Consumer 3146
3795+Protection and shall include a statement signed and dated by the 3147
3796+qualifying patient's physician or advanced practice registered nurse 3148
3797+stating that, in such physician's or advanced practice registered nurse's 3149
3798+professional opinion, the qualifying patient has a debilitating medical 3150
3799+condition and the potential benefits of the palliative use of marijuana 3151
3800+would likely outweigh the health risks of such use to the qualifying 3152
3801+patient. 3153
3802+(b) Any written certification for the palliative use of marijuana issued 3154
3803+by a physician or an advanced practice registered nurse under 3155
3804+subsection (a) of this section shall be valid for a period not to exceed one 3156
3805+year from the date such written certification is signed and dated by the 3157
3806+physician or advanced practice registered nurse. Not later than ten 3158
3807+calendar days after the expiration of such period, or at any time before 3159
3808+the expiration of such period should the qualifying patient no longer 3160
3809+wish to possess marijuana for palliative use, the qualifying patient or 3161
3810+the [primary] caregiver shall destroy all usable marijuana possessed by 3162
3811+the qualifying patient and the [primary] caregiver for palliative use. 3163
3812+(c) A physician or an advanced practice registered nurse shall not be 3164
3813+subject to arrest or prosecution, penalized in any manner, including, but 3165
3814+not limited to, being subject to any civil penalty, or denied any right or 3166
3815+privilege, including, but not limited to, being subject to any disciplinary 3167
3816+action by the Connecticut Medical Examining Board, the Connecticut 3168
3817+State Board of Examiners for Nursing or other professional licensing 3169
3818+board, for providing a written certification for the palliative use of 3170
3819+marijuana under subdivision (1) of subsection (a) of section 21a-408a if: 3171
3820+(1) The physician or advanced practice registered nurse has 3172
3821+Bill No.
3822+
3823+
3824+
3825+LCO No. 10834 105 of 295
3826+
3827+diagnosed the qualifying patient as having a debilitating medical 3173
3828+condition; 3174
3829+(2) The physician or advanced practice registered nurse has explained 3175
3830+the potential risks and benefits of the palliative use of marijuana to the 3176
3831+qualifying patient and, if the qualifying patient lacks legal capacity, to a 3177
3832+parent, guardian or person having legal custody of the qualifying 3178
3833+patient; 3179
3834+(3) The written certification issued by the physician or advanced 3180
3835+practice registered nurse is based upon the physician's or advanced 3181
3836+practice registered nurse's professional opinion after having completed 3182
3837+a medically reasonable assessment of the qualifying patient's medical 3183
3838+history and current medical condition made in the course of a bona fide 3184
3839+health care professional-patient relationship; and 3185
3840+(4) The physician or advanced practice registered nurse has no 3186
3841+financial interest in a [dispensary licensed under section 21a-408h or a 3187
3842+producer licensed under section 21a-408i] cannabis establishment, 3188
3843+except for retailers and delivery services, as such terms are defined in 3189
3844+section 1 of this act. 3190
3845+(d) A nurse shall not be subject to arrest or prosecution, penalized in 3191
3846+any manner, including, but not limited to, being subject to any civil 3192
3847+penalty, or denied any right or privilege, including, but not limited to, 3193
3848+being subject to any disciplinary action by the Board of Examiners for 3194
3849+Nursing, or other professional licensing board, for administering 3195
3850+marijuana to a qualifying patient or research program subject in a 3196
3851+hospital or health care facility licensed by the Department of Public 3197
3852+Health. 3198
3853+(e) Notwithstanding the provisions of this section, sections 21a-408 to 3199
3854+21a-408b, inclusive, and sections 21a-408d to 21a-408o, inclusive, an 3200
3855+advanced practice registered nurse shall not issue a written certification 3201
3856+to a qualifying patient when the qualifying patient's debilitating medical 3202
3857+condition is glaucoma. 3203
3858+Bill No.
3859+
3860+
3861+
3862+LCO No. 10834 106 of 295
3863+
3864+Sec. 70. Section 21a-408d of the general statutes is repealed and the 3204
3865+following is substituted in lieu thereof (Effective October 1, 2021): 3205
3866+(a) Each qualifying patient who is issued a written certification for the 3206
3867+palliative use of marijuana under subdivision (1) of subsection (a) of 3207
3868+section 21a-408a, and the [primary] caregiver of such qualifying patient, 3208
3869+shall register with the Department of Consumer Protection. Such 3209
3870+registration shall be effective from the date the Department of 3210
3871+Consumer Protection issues a certificate of registration until the 3211
3872+expiration of the written certification issued by the physician or 3212
3873+advanced practice registered nurse. The qualifying patient and the 3213
3874+[primary] caregiver shall provide sufficient identifying information, as 3214
3875+determined by the department, to establish the personal identity of the 3215
3876+qualifying patient and the [primary] caregiver. If the qualifying patient 3216
3877+is under eighteen years of age and not an emancipated minor, the 3217
3878+custodial parent, guardian or other person having legal custody of the 3218
3879+qualifying patient shall also provide a letter from both the qualifying 3219
3880+patient's [primary] care provider and a physician who is board certified 3220
3881+in an area of medicine involved in the treatment of the debilitating 3221
3882+condition for which the qualifying patient was certified that confirms 3222
3883+that the palliative use of marijuana is in the best interest of the qualifying 3223
3884+patient. A physician may issue a written certification for the palliative 3224
3885+use of marijuana by a qualifying patient who is under eighteen years of 3225
3886+age, provided such written certification shall not be for marijuana in a 3226
3887+dosage form that requires that the marijuana be smoked, inhaled or 3227
3888+vaporized. The qualifying patient or the [primary] caregiver shall report 3228
3889+any change in the identifying information to the department not later 3229
3890+than five business days after such change. The department shall issue a 3230
3891+registration certificate to the qualifying patient and to the [primary] 3231
3892+caregiver and may charge a reasonable fee, not to exceed twenty-five 3232
3893+dollars, for each registration certificate issued under this subsection. 3233
3894+Any registration fees collected by the department under this subsection 3234
3895+shall be paid to the State Treasurer and credited to the General Fund. 3235
3896+[(b) The qualifying patient, or, if the qualifying patient is under 3236
3897+Bill No.
3898+
3899+
3900+
3901+LCO No. 10834 107 of 295
3902+
3903+eighteen years of age and not an emancipated minor, the custodial 3237
3904+parent, guardian or other person having legal custody of the qualifying 3238
3905+patient, shall select a licensed, in-state dispensary to obtain the palliative 3239
3906+marijuana products at the time of registration. Upon the issuance of the 3240
3907+certificate of registration by the department, the qualifying patient, or 3241
3908+the qualifying patient's custodial parent, guardian or other person 3242
3909+having legal custody of the qualifying patient, shall purchase such 3243
3910+palliative marijuana products from such dispensary, except that the 3244
3911+qualifying patient, or the qualifying patient's custodial parent, guardian 3245
3912+or other person having legal custody of the qualifying patient, may 3246
3913+change such dispensary in accordance with regulations adopted by the 3247
3914+department. Any person with a valid registration certificate who is 3248
3915+found to be in possession of marijuana that did not originate from the 3249
3916+selected dispensary may be subject to hearing before the commissioner 3250
3917+for possible enforcement action concerning the registration certificate 3251
3918+issued by the department.] 3252
3919+(b) Any qualifying patient who is eighteen years of age or older may 3253
3920+cultivate up to three mature cannabis plants and three immature 3254
3921+cannabis plants in the patient's primary residence at any given time, 3255
3922+provided such plants are secure from access by any individual other 3256
3923+than the patient or patient's caregiver and no more than twelve cannabis 3257
3924+plants may be grown per household. 3258
3925+(c) A dispensary shall not dispense any marijuana products in a 3259
3926+smokable, inhalable or vaporizable form to a qualifying patient who is 3260
3927+under eighteen years of age or such qualifying patient's caregiver. 3261
3928+(d) Information obtained under this section shall be confidential and 3262
3929+shall not be subject to disclosure under the Freedom of Information Act, 3263
3930+as defined in section 1-200, except that reasonable access to registry 3264
3931+information obtained under this section [and temporary registration 3265
3932+information obtained under section 21a-408n] shall be provided to: (1) 3266
3933+State agencies, federal agencies and local law enforcement agencies for 3267
3934+the purpose of investigating or prosecuting a violation of law; (2) 3268
3935+Bill No.
3936+
3937+
3938+
3939+LCO No. 10834 108 of 295
3940+
3941+physicians, advanced practice registered nurses and pharmacists for the 3269
3942+purpose of providing patient care and drug therapy management and 3270
3943+monitoring controlled substances obtained by the qualifying patient; (3) 3271
3944+public or private entities for research or educational purposes, provided 3272
3945+no individually identifiable health information may be disclosed; (4) a 3273
3946+licensed dispensary for the purpose of complying with sections 21a-408 3274
3947+to [21a-408n] 21a-408m, inclusive; (5) a qualifying patient, but only with 3275
3948+respect to information related to such qualifying patient or such 3276
3949+qualifying patient's [primary] caregiver; or (6) a [primary] caregiver, but 3277
3950+only with respect to information related to such [primary] caregiver's 3278
3951+qualifying patient. 3279
3952+Sec. 71. Section 21a-408f of the general statutes is repealed and the 3280
3953+following is substituted in lieu thereof (Effective July 1, 2021): 3281
3954+Any marijuana, paraphernalia relating to marijuana, or other 3282
3955+property seized by law enforcement officials from a qualifying patient 3283
3956+or a [primary] caregiver in connection with the claimed palliative use of 3284
3957+marijuana under sections 21a-408 to [21a-408n] 21a-408m, inclusive, 3285
3958+shall be returned to the qualifying patient or the [primary] caregiver 3286
3959+immediately upon the determination by a court that the qualifying 3287
3960+patient or the [primary] caregiver is entitled to the palliative use of 3288
3961+marijuana under sections 21a-408 to [21a-408n] 21a-408m, inclusive, as 3289
3962+evidenced by a decision not to prosecute, a dismissal of charges or an 3290
3963+acquittal. The provisions of this section do not apply to any qualifying 3291
3964+patient or [primary] caregiver who fails to comply with the 3292
3965+requirements for the palliative use of marijuana under sections 21a-408 3293
3966+to [21a-408n] 21a-408m, inclusive. 3294
3967+Sec. 72. Section 21a-408h of the general statutes is repealed and the 3295
3968+following is substituted in lieu thereof (Effective July 1, 2021): 3296
3969+(a) No person may act as a dispensary or represent that such person 3297
3970+is a licensed dispensary unless such person has obtained a license from 3298
3971+the Commissioner of Consumer Protection pursuant to this section. 3299
3972+Bill No.
3973+
3974+
3975+
3976+LCO No. 10834 109 of 295
3977+
3978+(b) No person may act as a dispensary facility or represent that such 3300
3979+person is a licensed dispensary facility unless such person has obtained 3301
3980+a license from the Commissioner of Consumer Protection pursuant to 3302
3981+this section. 3303
3982+[(b)] (c) The Commissioner of Consumer Protection shall determine 3304
3983+the number of [dispensaries] dispensary facilities appropriate to meet 3305
3984+the needs of qualifying patients in this state and shall adopt regulations, 3306
3985+in accordance with chapter 54, to provide for the licensure and 3307
3986+standards for [dispensaries] dispensary facilities in this state and specify 3308
3987+the maximum number of [dispensaries] dispensary facilities that may 3309
3988+be licensed in this state. On and after the effective date of such 3310
3989+regulations, the commissioner may license any person who applies for 3311
3990+a license in accordance with such regulations, provided [(1)] the 3312
3991+commissioner deems such applicant qualified to acquire, possess, 3313
3992+distribute and dispense marijuana pursuant to sections 21a-408 to [21a-3314
3993+408n] 21a-408m, inclusive. [, (2) the applicant is a pharmacist licensed 3315
3994+under chapter 400j, and (3) the number of dispensary licenses issued 3316
3995+does not exceed the number appropriate to meet the needs of qualifying 3317
3996+patients in this state, as determined by the commissioner pursuant to 3318
3997+this subsection.] At a minimum, such regulations shall: 3319
3998+[(A)] (1) Indicate the maximum number of [dispensaries] dispensary 3320
3999+facilities that may be licensed in this state; 3321
4000+[(B) Provide that only a pharmacist licensed under chapter 400j may 3322
4001+apply for and receive a dispensary license;] 3323
4002+[(C)] (2) Provide that no marijuana may be dispensed from, obtained 3324
4003+from or transferred to a location outside of this state; 3325
4004+[(D)] (3) Establish a licensing fee and renewal fee for each [licensed] 3326
4005+dispensary facility, provided such fees shall not be less than the amount 3327
4006+necessary to cover the direct and indirect cost of licensing and 3328
4007+regulating [dispensaries] dispensary facilities pursuant to sections 21a-3329
4008+408 to [21a-408n] 21a-408m, inclusive; 3330
4009+Bill No.
4010+
4011+
4012+
4013+LCO No. 10834 110 of 295
4014+
4015+[(E)] (4) Provide for renewal of such dispensary facility licenses at 3331
4016+least every two years; 3332
4017+[(F)] (5) Describe areas in this state where [licensed dispensaries] 3333
4018+dispensary facilities may not be located, after considering the criteria for 3334
4019+the location of retail liquor permit premises set forth in subsection (a) of 3335
4020+section 30-46; 3336
4021+[(G)] (6) Establish health, safety and security requirements for 3337
4022+[licensed dispensaries] dispensary facilities, which may include, but 3338
4023+need not be limited to: [(i)] (A) The ability to maintain adequate control 3339
4024+against the diversion, theft and loss of marijuana acquired or possessed 3340
4025+by the [licensed] dispensary facility, and [(ii)] (B) the ability to maintain 3341
4026+the knowledge, understanding, judgment, procedures, security controls 3342
4027+and ethics to ensure optimal safety and accuracy in the distributing, 3343
4028+dispensing and use of palliative marijuana; 3344
4029+[(H)] (7) Establish standards and procedures for revocation, 3345
4030+suspension, summary suspension and nonrenewal of dispensary facility 3346
4031+licenses, provided such standards and procedures are consistent with 3347
4032+the provisions of subsection (c) of section 4-182; and 3348
4033+[(I)] (8) Establish other licensing, renewal and operational standards 3349
4034+deemed necessary by the commissioner. 3350
4035+[(c)] (d) Any fees collected by the Department of Consumer 3351
4036+Protection under this section shall be paid to the State Treasurer and 3352
4037+credited to the General Fund. 3353
4038+[(d)] (e) On or before January 1, 2017, and annually thereafter, each 3354
4039+[licensed] dispensary facility shall report data to the Department of 3355
4040+Consumer Protection relating to the types, mixtures and dosages of 3356
4041+palliative marijuana dispensed by such dispensary facility. A report 3357
4042+prepared pursuant to this subsection shall be in such form as may be 3358
4043+prescribed by the Commissioner of Consumer Protection. 3359
4044+Bill No.
4045+
4046+
4047+
4048+LCO No. 10834 111 of 295
4049+
4050+Sec. 73. Section 21a-408j of the general statutes is repealed and the 3360
4051+following is substituted in lieu thereof (Effective October 1, 2021): 3361
4052+(a) No [licensed] dispensary facility or employee of the dispensary 3362
4053+facility may: (1) Acquire marijuana from a person other than a [licensed] 3363
4054+producer [; (2) distribute or dispense] from a cultivator, micro-3364
4055+cultivator, product manufacturer, food and beverage manufacturer, 3365
4056+product packager, or transporter, as such terms are defined in section 1 3366
4057+of this act; (2) transfer or transport marijuana to a person who is not (A) 3367
4058+a qualifying patient registered under section 21a-408d; [or 21a-408n;] (B) 3368
4059+a [primary] caregiver of such qualifying patient; (C) a hospice or other 3369
4060+inpatient care facility licensed by the Department of Public Health 3370
4061+pursuant to chapter 368v that has a protocol for the handling and 3371
4062+distribution of marijuana that has been approved by the Department of 3372
4063+Consumer Protection; (D) a laboratory; [or] (E) an organization engaged 3373
4064+in a research program; (F) a delivery service, as defined in section 1 of 3374
4065+this act; or (G) a transporter, as defined in section 1 of this act; or (3) 3375
4066+obtain or transport marijuana outside of this state in violation of state or 3376
4067+federal law. 3377
4068+(b) No [licensed] dispensary or employee of the dispensary facility 3378
4069+acting within the scope of his or her employment shall be subject to 3379
4070+arrest or prosecution [,] or penalized in any manner, including, but not 3380
4071+limited to, being subject to any civil penalty, or denied any right or 3381
4072+privilege, including, but not limited to, being subject to any disciplinary 3382
4073+action by a professional licensing board, for acquiring, possessing, 3383
4074+distributing or dispensing marijuana pursuant to sections 21a-408 to 3384
4075+[21a-408n] 21a-408m, inclusive. 3385
4076+Sec. 74. Section 21a-408k of the general statutes is repealed and the 3386
4077+following is substituted in lieu thereof (Effective July 1, 2021): 3387
4078+(a) No [licensed] producer or employee of the producer may: (1) Sell, 3388
4079+deliver, transport or distribute marijuana to a person who is not (A) a 3389
4080+[licensed dispensary] cannabis establishment, (B) a laboratory, or (C) an 3390
4081+Bill No.
4082+
4083+
4084+
4085+LCO No. 10834 112 of 295
4086+
4087+organization engaged in a research program, or (2) obtain or transport 3391
4088+marijuana outside of this state in violation of state or federal law. 3392
4089+(b) No licensed producer or employee of the producer acting within 3393
4090+the scope of his or her employment shall be subject to arrest or 3394
4091+prosecution [,] or penalized in any manner, including, but not limited 3395
4092+to, being subject to any civil penalty, or denied any right or privilege, 3396
4093+including, but not limited to, being subject to any disciplinary action by 3397
4094+a professional licensing board, for cultivating marijuana or selling, 3398
4095+delivering, transferring, transporting or distributing marijuana to 3399
4096+[licensed dispensaries under sections 21a-408 to 21a-408n, inclusive] a 3400
4097+cannabis establishment, laboratory or research program. 3401
4098+Sec. 75. Section 21a-408m of the general statutes is repealed and the 3402
4099+following is substituted in lieu thereof (Effective October 1, 2021): 3403
4100+(a) The Commissioner of Consumer Protection may adopt 3404
4101+regulations, in accordance with chapter 54, to establish (1) a standard 3405
4102+form for written certifications for the palliative use of marijuana issued 3406
4103+by physicians and advanced practice registered nurses under 3407
4104+subdivision (1) of subsection (a) of section 21a-408a, and (2) procedures 3408
4105+for registrations under section 21a-408d. Such regulations, if any, shall 3409
4106+be adopted after consultation with the Board of Physicians established 3410
4107+in section 21a-408l. 3411
4108+(b) The Commissioner of Consumer Protection shall adopt 3412
4109+regulations, in accordance with chapter 54, to establish a reasonable fee 3413
4110+to be collected from each qualifying patient to whom a written 3414
4111+certification for the palliative use of marijuana is issued under 3415
4112+subdivision (1) of subsection (a) of section 21a-408a, for the purpose of 3416
4113+offsetting the direct and indirect costs of administering the provisions 3417
4114+of sections 21a-408 to [21a-408n] 21a-408m, inclusive. The commissioner 3418
4115+shall collect such fee at the time the qualifying patient registers with the 3419
4116+Department of Consumer Protection under subsection (a) of section 21a-3420
4117+408d. Such fee shall be in addition to any registration fee that may be 3421
4118+Bill No.
4119+
4120+
4121+
4122+LCO No. 10834 113 of 295
4123+
4124+charged under said subsection. The fees required to be collected by the 3422
4125+commissioner from qualifying patients under this subsection shall be 3423
4126+paid to the State Treasurer and credited to the General Fund. 3424
4127+(c) The Commissioner of Consumer Protection shall adopt 3425
4128+[regulations, in accordance with chapter 54, to implement the provisions 3426
4129+of sections 21a-408 to 21a-408g, inclusive, and section 21a-408l. At a 3427
4130+minimum, such regulations shall] or amend regulations, as applicable, 3428
4131+in accordance with chapter 54, to implement the provisions of sections 3429
4132+21a-408 to 21a-408g, inclusive, and section 21a-408l. Notwithstanding 3430
4133+the requirements of sections 4-168 to 4-172, inclusive, in order to 3431
4134+effectuate the purposes of sections 21a-408 to 21a-408g, inclusive, and 3432
4135+section 21a-408l, and protect public health and safety, prior to adopting 3433
4136+or amending such regulations the commissioner shall adopt policies and 3434
4137+procedures to implement the provisions of sections 21a-408 to 21a-408g, 3435
4138+inclusive, and section 21a-408 that shall have the force and effect of law. 3436
4139+The commissioner shall post all policies and procedures on the 3437
4140+department's Internet web site, and submit such policies and 3438
4141+procedures to the Secretary of the State for posting on the eRegulations 3439
4142+System, at least fifteen days prior to the effective date of any policy or 3440
4143+procedure. Any such policy or procedure shall no longer be effective 3441
4144+upon the earlier of either adoption of such policies or procedures as a 3442
4145+final regulation pursuant to section 4-172 or forty-eight months from 3443
4146+October 1, 2021, if such policies or procedures have not been submitted 3444
4147+to the legislative regulation review committee for consideration under 3445
4148+section 4-170. Such policies and procedures and regulations shall 3446
4149+include, but not be limited to, how the department shall: 3447
4150+(1) [Govern the manner in which the department considers] Accept 3448
4151+applications for the issuance and renewal of registration certificates for 3449
4152+qualifying patients and [primary] caregivers; [, and establish any 3450
4153+additional information to be contained in such registration certificates;] 3451
4154+[(2) Define the protocols for determining the amount of usable 3452
4155+marijuana that is necessary to constitute an adequate supply to ensure 3453
4156+Bill No.
4157+
4158+
4159+
4160+LCO No. 10834 114 of 295
4161+
4162+uninterrupted availability for a period of one month, including amounts 3454
4163+for topical treatments;] 3455
4164+[(3)] (2) Establish criteria for adding medical conditions, medical 3456
4165+treatments or diseases to the list of debilitating medical conditions that 3457
4166+qualify for the palliative use of marijuana; 3458
4167+[(4)] (3) Establish a petition process under which members of the 3459
4168+public may submit petitions, [in such manner and in such form as 3460
4169+prescribed in the regulations,] regarding the addition of medical 3461
4170+conditions, medical treatments or diseases to the list of debilitating 3462
4171+medical conditions; 3463
4172+[(5) Establish a process for public comment and public hearings 3464
4173+before the board regarding the addition of medical conditions, medical 3465
4174+treatments or diseases to the list of debilitating medical conditions, 3466
4175+medical treatments or diseases; 3467
4176+(6) Add additional medical conditions, medical treatments or 3468
4177+diseases to the list of debilitating medical conditions that qualify for the 3469
4178+palliative use of marijuana as recommended by the board; and] 3470
4179+(4) Establish requirements for the growing of cannabis plants by a 3471
4180+qualifying patient in his or her primary residence as authorized under 3472
4181+section 21a-408d, including requirements for securing such plants to 3473
4182+prevent access by any individual other than the patient or the patient's 3474
4183+caregiver, the location of such plants and any other requirements 3475
4184+necessary to protect public health or safety; 3476
4185+[(7)] (5) Develop a distribution system for marijuana for palliative use 3477
4186+that provides for: 3478
4187+(A) Marijuana production facilities within this state that are housed 3479
4188+on secured grounds and operated by [licensed] producers; [and] 3480
4189+(B) The transfer of marijuana between dispensary facilities; and 3481
4190+Bill No.
4191+
4192+
4193+
4194+LCO No. 10834 115 of 295
4195+
4196+[(B)] (C) Distribution of marijuana for palliative use to qualifying 3482
4197+patients or their [primary] caregivers by [licensed dispensaries.] 3483
4198+dispensary facilities, hybrid retailers and delivery services, as such 3484
4199+terms are defined in section 1 of this act; and 3485
4200+(6) Ensure an adequate supply and variety of marijuana to dispensary 3486
4201+facilities and hybrid retailers to ensure uninterrupted availability for 3487
4202+qualifying patients, based on historical marijuana purchase patterns by 3488
4203+qualifying patients. 3489
4204+[(d) The commissioner shall submit regulations pursuant to 3490
4205+subsections (b) and (c) of this section to the standing legislative 3491
4206+regulation review committee not later than July 1, 2013.] 3492
4207+Sec. 76. Section 21a-408l of the general statutes is repealed and the 3493
4208+following is substituted in lieu thereof (Effective October 1, 2021): 3494
4209+(a) The Commissioner of Consumer Protection shall establish a Board 3495
4210+of Physicians consisting of eight physicians or surgeons who are 3496
4211+knowledgeable about the palliative use of marijuana and certified by the 3497
4212+appropriate American board in the medical specialty in which they 3498
4213+practice, at least one of whom shall be a board certified pediatrician 3499
4214+appointed in consultation with the Connecticut Chapter of the 3500
4215+American Academy of Pediatrics. Four of the members of the board first 3501
4216+appointed shall serve for a term of three years and four of the members 3502
4217+of the board first appointed shall serve for a term of four years. 3503
4218+Thereafter, members of the board shall serve for a term of four years and 3504
4219+shall be eligible for reappointment. Any member of the board may serve 3505
4220+until a successor is appointed. The Commissioner of Consumer 3506
4221+Protection shall serve as an ex-officio member of the board, and shall 3507
4222+select a chairperson from among the members of the board. 3508
4223+(b) A quorum of the Board of Physicians shall consist of four 3509
4224+members. 3510
4225+(c) The Board of Physicians shall: 3511
4226+Bill No.
4227+
4228+
4229+
4230+LCO No. 10834 116 of 295
4231+
4232+(1) Review and recommend to the Department of Consumer 3512
4233+Protection for approval the debilitating medical conditions, medical 3513
4234+treatments or diseases to be added to the list of debilitating medical 3514
4235+conditions that qualify for the palliative use of marijuana for qualifying 3515
4236+patients eighteen years of age or older; 3516
4237+(2) Review and recommend to the Department of Consumer 3517
4238+Protection for approval any illnesses that are severely debilitating, as 3518
4239+defined in 21 CFR 312.81(b), to be added to the list of debilitating 3519
4240+medical conditions that qualify for the palliative use of marijuana for 3520
4241+qualifying patients under eighteen years of age, taking into account, 3521
4242+among other things, the effect of the palliative use of marijuana on the 3522
4243+brain development of such patients, which recommendations shall be 3523
4244+accepted or rejected by the commissioner in his or her discretion; 3524
4245+(3) Accept and review petitions to add medical conditions, medical 3525
4246+treatments or diseases to the list of debilitating medical conditions that 3526
4247+qualify for the palliative use of marijuana; 3527
4248+(4) Convene [at least twice per year] as necessary to conduct public 3528
4249+hearings and to evaluate petitions, which shall be maintained as 3529
4250+confidential pursuant to subsection (e) of this section, for the purpose of 3530
4251+adding medical conditions, medical treatments or diseases to the list of 3531
4252+debilitating medical conditions that qualify for the palliative use of 3532
4253+marijuana; 3533
4254+(5) Review and recommend to the Department of Consumer 3534
4255+Protection protocols for determining the amounts of marijuana that may 3535
4256+be reasonably necessary to ensure uninterrupted availability for a 3536
4257+period of one month for qualifying patients, including amounts for 3537
4258+topical treatments; and 3538
4259+(6) Perform other duties related to the palliative use of marijuana 3539
4260+upon the request of the Commissioner of Consumer Protection. 3540
4261+(d) The Board of Physicians may review the list of debilitating 3541
4262+Bill No.
4263+
4264+
4265+
4266+LCO No. 10834 117 of 295
4267+
4268+medical conditions that qualify for the palliative use of marijuana and 3542
4269+make recommendations to the joint standing committees of the General 3543
4270+Assembly having cognizance of matters relating to general law and 3544
4271+public health for the removal of a debilitating medical condition, 3545
4272+medical treatment or disease from such list. 3546
4273+(e) Any individually identifiable health information contained in a 3547
4274+petition received under this section shall be confidential and shall not 3548
4275+be subject to disclosure under the Freedom of Information Act, as 3549
4276+defined in section 1-200. 3550
4277+(f) On and after October 1, 2021, conditions added pursuant to this 3551
4278+section to the list of debilitating medical conditions that qualify for the 3552
4279+palliative use of marijuana shall be posted by the commissioner on the 3553
4280+Department of Consumer Protection's Internet web site. 3554
4281+Notwithstanding the requirements of sections 4-168 to 4-172, inclusive, 3555
4282+the list of debilitating medical conditions that qualify for the palliative 3556
4283+use of marijuana shall be deemed approved and effective without 3557
4284+further action as of the date such conditions are posted on the 3558
4285+Department of Consumer Protection's Internet web site. 3559
4286+Sec. 77. Section 21a-408p of the general statutes is repealed and the 3560
4287+following is substituted in lieu thereof (Effective July 1, 2021): 3561
4288+(a) For the purposes of this section: 3562
4289+(1) "Action" has the meaning provided in section 47a-1; 3563
4290+(2) "Dwelling unit" has the meaning provided in section 47a-1; 3564
4291+(3) "Employer" means a person engaged in business who has one or 3565
4292+more employees, including the state and any political subdivision of the 3566
4293+state; 3567
4294+(4) "Landlord" has the meaning provided in section 47a-1; 3568
4295+(5) "Palliative use" has the meaning provided in section 21a-408; 3569
4296+Bill No.
4297+
4298+
4299+
4300+LCO No. 10834 118 of 295
4301+
4302+(6) ["Primary caregiver"] "Caregiver" has the meaning provided in 3570
4303+section 21a-408; 3571
4304+(7) "Qualifying patient" has the meaning provided in section 21a-408; 3572
4305+(8) "School" means a public or private elementary or secondary school 3573
4306+in this state or a public or private institution of higher education in this 3574
4307+state; and 3575
4308+(9) "Tenant" has the meaning provided in section 47a-1. 3576
4309+(b) Unless required by federal law or required to obtain federal 3577
4310+funding: 3578
4311+(1) No school may refuse to enroll any person or discriminate against 3579
4312+any student solely on the basis of such person's or student's status as a 3580
4313+qualifying patient or [primary] caregiver under sections 21a-408 to [21a-3581
4314+408n] 21a-408m, inclusive; 3582
4315+(2) No landlord may refuse to rent a dwelling unit to a person or take 3583
4316+action against a tenant solely on the basis of such person's or tenant's 3584
4317+status as a qualifying patient or [primary] caregiver under sections 21a-3585
4318+408 to [21a-408n] 21a-408m, inclusive; and 3586
4319+(3) No employer may refuse to hire a person or may discharge, 3587
4320+penalize or threaten an employee solely on the basis of such person's or 3588
4321+employee's status as a qualifying patient or [primary] caregiver under 3589
4322+sections 21a-408 to [21a-408n] 21a-408m, inclusive. Nothing in this 3590
4323+subdivision shall restrict an employer's ability to prohibit the use of 3591
4324+intoxicating substances during work hours or restrict an employer's 3592
4325+ability to discipline an employee for being under the influence of 3593
4326+intoxicating substances during work hours. 3594
4327+(c) Nothing in this section shall be construed to permit the palliative 3595
4328+use of marijuana in violation of subsection (b) of section 21a-408a. 3596
4329+Sec. 78. Section 21a-408r of the general statutes is repealed and the 3597
4330+Bill No.
4331+
4332+
4333+
4334+LCO No. 10834 119 of 295
4335+
4336+following is substituted in lieu thereof (Effective October 1, 2021): 3598
4337+(a) No person may act as a laboratory or represent that such person 3599
4338+is a laboratory unless such person has (1) obtained a license from the 3600
4339+Commissioner of Consumer Protection pursuant to this section, or (2) 3601
4340+(A) been granted approval by the Commissioner of Consumer 3602
4341+Protection as of October 1, 2021, and (B) submitted an application to the 3603
4342+Commissioner of Consumer Protection for licensure pursuant to this 3604
4343+section in a form and manner prescribed by the commissioner. Such 3605
4344+person may continue to act as a laboratory until such application for 3606
4345+licensure under this section is approved or denied by the Commissioner 3607
4346+of Consumer Protection. 3608
4347+[(a)] (b) Except as provided in subsection [(b)] (c) of this section, no 3609
4348+person may act as a laboratory employee or represent that such person 3610
4349+is a [licensed] laboratory employee unless such person has obtained a 3611
4350+[license] registration from the Commissioner of Consumer Protection 3612
4351+pursuant to this section. 3613
4352+[(b)] (c) Prior to the effective date of regulations adopted under this 3614
4353+section, the Commissioner of Consumer Protection may issue a 3615
4354+temporary certificate of registration to a laboratory employee. The 3616
4355+commissioner shall prescribe the standards, procedures and fees for 3617
4356+obtaining a temporary certificate of registration as a laboratory 3618
4357+employee. 3619
4358+[(c)] (d) The Commissioner of Consumer Protection shall adopt 3620
4359+regulations, in accordance with chapter 54, to (1) provide for the 3621
4360+licensure or registration of laboratories and laboratory employees, (2) 3622
4361+establish standards and procedures for the revocation, suspension, 3623
4362+summary suspension and nonrenewal of laboratory licenses and 3624
4363+laboratory employee [licenses] registrations, provided such standards 3625
4364+and procedures are consistent with the provisions of subsection (c) of 3626
4365+section 4-182, (3) establish a license [and] or registration renewal fee for 3627
4366+each licensed laboratory and [licensed] registered laboratory employee, 3628
4367+Bill No.
4368+
4369+
4370+
4371+LCO No. 10834 120 of 295
4372+
4373+provided the aggregate amount of such license, registration and renewal 3629
4374+fees shall not be less than the amount necessary to cover the direct and 3630
4375+indirect cost of licensing, registering and regulating laboratories and 3631
4376+laboratory employees in accordance with the provisions of this chapter, 3632
4377+and (4) establish other licensing, registration, renewal and operational 3633
4378+standards deemed necessary by the commissioner. 3634
4379+[(d)] (e) Any fees collected by the Department of Consumer 3635
4380+Protection under this section shall be paid to the State Treasurer and 3636
4381+credited to the General Fund. 3637
4382+Sec. 79. Section 21a-408t of the general statutes is repealed and the 3638
4383+following is substituted in lieu thereof (Effective July 1, 2021): 3639
4384+(a) The Commissioner of Consumer Protection may approve a 3640
4385+research program if such research program will (1) be administered or 3641
4386+overseen by (A) a hospital or health care facility licensed by the 3642
4387+Connecticut Department of Public Health pursuant to chapter 368v, (B) 3643
4388+an institution of higher education, as defined in section 10a-55, (C) a 3644
4389+[licensed] producer, micro-cultivator, cultivator, food and beverage 3645
4390+manufacturer product packager or product manufacturer, as such terms 3646
4391+are defined in section 1 of this act, or (D) a [licensed] dispensary facility, 3647
4392+hybrid retailer or retailer, as such terms are defined in section 1 of this 3648
4393+act, and (2) have institutional review board oversight and, if the research 3649
4394+program involves the use of animals, have an institutional animal care 3650
4395+and use committee. 3651
4396+(b) Except as provided in subsection (c) of this section, no person may 3652
4397+act as a research program employee or represent that such person is a 3653
4398+[licensed] registered research program employee unless such person has 3654
4399+obtained a [license] registration from the Commissioner of Consumer 3655
4400+Protection pursuant to this section. 3656
4401+[(c) Prior to the effective date of regulations adopted under this 3657
4402+section, the Commissioner of Consumer Protection may issue a 3658
4403+temporary certificate of registration to a research program employee. 3659
4404+Bill No.
4405+
4406+
4407+
4408+LCO No. 10834 121 of 295
4409+
4410+The commissioner shall prescribe the standards, procedures and fees for 3660
4411+obtaining a temporary certificate of registration as a research program 3661
4412+employee.] 3662
4413+[(d)] (c) The Commissioner of Consumer Protection shall adopt 3663
4414+regulations, in accordance with chapter 54, to (1) provide for the 3664
4415+approval of research programs and [licensure] registration of research 3665
4416+program employees, (2) establish standards and procedures for the 3666
4417+termination or suspension of a research program, (3) establish standards 3667
4418+and procedures for the revocation, suspension, summary suspension 3668
4419+and nonrenewal of a research program employee [license] registration, 3669
4420+provided such standards and procedures are consistent with the 3670
4421+provisions of subsection (c) of section 4-182, (4) establish a (A) fee for 3671
4422+research program review and approval, and (B) [license] registration 3672
4423+and renewal fee for each research program employee, provided the 3673
4424+aggregate amount of such fees shall not be less than the amount 3674
4425+necessary to cover the direct and indirect cost of approving research 3675
4426+programs and [licensing] registering and regulating research program 3676
4427+employees pursuant to the provisions of this chapter, and (5) establish 3677
4428+other licensing, registration, renewal and operational standards deemed 3678
4429+necessary by the commissioner. 3679
4430+[(e)] (d) Any fees collected by the Department of Consumer 3680
4431+Protection under this section shall be paid to the State Treasurer and 3681
4432+credited to the General Fund. 3682
4433+Sec. 80. Section 21a-408s of the general statutes is repealed and the 3683
4434+following is substituted in lieu thereof (Effective July 1, 2021): 3684
4435+(a) No laboratory or laboratory employee may (1) acquire marijuana 3685
4436+from a person other than a [licensed producer, licensed dispensary] 3686
4437+cannabis establishment or an organization engaged in a research 3687
4438+program, (2) deliver, transport or distribute marijuana to (A) a person 3688
4439+who is not a [licensed dispensary, (B) a person who is not a licensed 3689
4440+producer, or (C)] cannabis establishment from which the marijuana was 3690
4441+Bill No.
4442+
4443+
4444+
4445+LCO No. 10834 122 of 295
4446+
4447+originally acquired by the laboratory or laboratory employee, (B) an 3691
4448+organization not engaged in a research program, or (3) obtain or 3692
4449+transport marijuana outside of this state in violation of state or federal 3693
4450+law. 3694
4451+(b) (1) No laboratory employee acting within the scope of his or her 3695
4452+employment shall be subject to arrest or prosecution, penalized in any 3696
4453+manner, including, but not limited to, being subject to any civil penalty, 3697
4454+or denied any right or privilege, including, but not limited to, being 3698
4455+subject to any disciplinary action by a professional licensing board, for 3699
4456+acquiring, possessing, delivering, transporting or distributing 3700
4457+marijuana to a [licensed dispensary, a licensed producer] cannabis 3701
4458+establishment or an organization engaged in an approved research 3702
4459+program under the provisions of this chapter. 3703
4460+(2) No laboratory shall be subject to prosecution, penalized in any 3704
4461+manner, including, but not limited to, being subject to any civil penalty 3705
4462+or denied any right or privilege, for acquiring, possessing, delivering, 3706
4463+transporting or distributing marijuana to a [licensed dispensary, a 3707
4464+licensed producer] cannabis establishment or an organization engaged 3708
4465+in an approved research program under the provisions of this chapter. 3709
4466+(c) A laboratory shall be independent from all other persons involved 3710
4467+in the marijuana industry in Connecticut, which shall mean that no 3711
4468+person with a direct or indirect financial, managerial or controlling 3712
4469+interest in the laboratory shall have a direct or indirect financial, 3713
4470+managerial or controlling interest in a cannabis establishment or any 3714
4471+other entity that may benefit from the laboratory test results for a 3715
4472+cannabis or marijuana sample or product. 3716
4473+(d) A laboratory shall maintain all minimum security and safeguard 3717
4474+requirements for the storage of handling of controlled substances as a 3718
4475+laboratory that is licensed to provide analysis of controlled substances 3719
4476+pursuant to section 21a-246 and any regulations adopted thereunder. 3720
4477+Sec. 81. Section 21a-408u of the general statutes is repealed and the 3721
4478+Bill No.
4479+
4480+
4481+
4482+LCO No. 10834 123 of 295
4483+
4484+following is substituted in lieu thereof (Effective July 1, 2021): 3722
4485+(a) No research program or research program employee may (1) 3723
4486+acquire marijuana from a person other than a [licensed producer, 3724
4487+licensed dispensary] cannabis establishment or laboratory, (2) deliver, 3725
4488+transport or distribute marijuana to a person who is not (A) a [licensed 3726
4489+dispensary] cannabis establishment, (B) a [licensed producer] 3727
4490+laboratory, or (C) a research program subject, (3) distribute or 3728
4491+administer marijuana to an animal unless such animal is an animal 3729
4492+research subject, or (4) obtain or transport marijuana outside of this state 3730
4493+in violation of state or federal law. 3731
4494+(b) No research program employee acting within the scope of his or 3732
4495+her employment shall be subject to arrest or prosecution, penalized in 3733
4496+any manner, including, but not limited to, being subject to any civil 3734
4497+penalty, or denied any right or privilege, including, but not limited to, 3735
4498+being subject to any disciplinary action by a professional licensing 3736
4499+board, for acquiring, possessing, delivering, transporting or distributing 3737
4500+marijuana to a [licensed dispensary, a licensed producer] cannabis 3738
4501+establishment or laboratory, or a research program subject or 3739
4502+distributing or administering marijuana to an animal research subject 3740
4503+under the provisions of this chapter. 3741
4504+Sec. 82. (NEW) (Effective October 1, 2021) A licensed pharmacist 3742
4505+working as an employee at a dispensary facility or hybrid retailer shall 3743
4506+transmit dispensing information, in a manner prescribed by the 3744
4507+commissioner, on any cannabis sold to a qualifying patient or caregiver 3745
4508+in real-time or immediately upon completion of the transaction, unless 3746
4509+not reasonably feasible for a specific transaction, but in no case longer 3747
4510+than one hour after completion of the transaction. 3748
4511+Sec. 83. (NEW) (Effective July 1, 2021) (a) Upon the petition of not less 3749
4512+than ten per cent of the electors of any municipality, lodged with the 3750
4513+town clerk at least sixty days before the date of any regular election, as 3751
4514+defined in section 9-1 of the general statutes, the selectmen of the 3752
4515+Bill No.
4516+
4517+
4518+
4519+LCO No. 10834 124 of 295
4520+
4521+municipality shall warn the electors of such municipality that, at such 3753
4522+regular election, a vote shall be taken to determine: (1) Whether or not 3754
4523+the recreational sale of marijuana shall be permitted in such 3755
4524+municipality, or (2) whether the sale of marijuana shall be permitted in 3756
4525+such municipality in one or more of the classes of license of cannabis 3757
4526+establishments. The ballot label designations in a vote upon the question 3758
4527+of cannabis establishment license shall be "Shall the sale of recreational 3759
4528+marijuana be allowed in .... (Name of municipality)?" or "Shall the sale 3760
4529+of cannabis under (Specified license or Licenses) be allowed in .... (Name 3761
4530+of municipality)?" or "Shall the sale of recreational marijuana be 3762
4531+prohibited (No Licenses) in .... (Name of municipality)?" and shall be 3763
4532+provided in accordance with the provisions of section 9-250 of the 3764
4533+general statutes. No elector shall vote for more than one designation. 3765
4534+Such vote shall be taken in the manner prescribed in section 9-369 of the 3766
4535+general statutes and shall become effective on the first Monday of the 3767
4536+month next succeeding such election and shall remain in force until a 3768
4537+new vote is taken; provided such vote may be taken at a special election 3769
4538+called for the purpose in conformity with the provisions of section 9-164 3770
4539+of the general statutes and provided at least one year shall have elapsed 3771
4540+since the previous vote was taken. The provisions of chapter 145 of the 3772
4541+general statutes concerning absentee voting at referenda shall apply to 3773
4542+all votes taken upon the question of cannabis establishment license. Any 3774
4543+class of cannabis establishments already allowed in a municipality shall 3775
4544+not be affected by any vote. 3776
4545+(b) No municipality shall prohibit delivery of cannabis to a consumer, 3777
4546+qualifying patient or caregiver when the delivery is made by a retailer, 3778
4547+hybrid retailer, dispensary facility, delivery service, micro-cultivator or 3779
4548+other person authorized to make such delivery pursuant to RERACA. 3780
4549+No municipality shall prohibit the transport of cannabis to, from or 3781
4550+through such municipality by any person licensed or registered 3782
4551+pursuant to RERACA to transport cannabis. 3783
4552+(c) No municipality or local official shall condition any official action, 3784
4553+or accept any donation in moneys or in kind, from any cannabis 3785
4554+Bill No.
4555+
4556+
4557+
4558+LCO No. 10834 125 of 295
4559+
4560+establishment or from an individual or corporation that has applied for 3786
4561+a license to open or operate a cannabis establishment in such 3787
4562+municipality. No municipality shall negotiate or enter into a local host 3788
4563+agreement with a cannabis establishment or a person that has applied 3789
4564+for a license to open or operate a cannabis establishment in such 3790
4565+municipality. 3791
4566+(d) For up to thirty days after the opening of a retailer or hybrid 3792
4567+retailer, a municipality may charge such retailer or hybrid retailer for 3793
4568+any necessary and reasonable costs incurred by the municipality for 3794
4569+provision of public safety services in relation to such opening, including, 3795
4570+but not limited to, public safety costs incurred to direct traffic, not to 3796
4571+exceed fifty thousand dollars. 3797
4572+Sec. 84. Subparagraph (H) of subdivision (7) of subsection (c) of 3798
4573+section 7-148 of the general statutes is repealed and the following is 3799
4574+substituted in lieu thereof (Effective October 1, 2021): 3800
4575+(H) (i) Secure the safety of persons in or passing through the 3801
4576+municipality by regulation of shows, processions, parades and music; 3802
4577+(ii) Regulate and prohibit the carrying on within the municipality of 3803
4578+any trade, manufacture, business or profession which is, or may be, so 3804
4579+carried on as to become prejudicial to public health, conducive to fraud 3805
4580+and cheating, or dangerous to, or constituting an unreasonable 3806
4581+annoyance to, those living or owning property in the vicinity; 3807
4582+(iii) Regulate auctions and garage and tag sales; 3808
4583+(iv) Prohibit, restrain, license and regulate the business of peddlers, 3809
4584+auctioneers and junk dealers in a manner not inconsistent with the 3810
4585+general statutes; 3811
4586+(v) Regulate and prohibit swimming or bathing in the public or 3812
4587+exposed places within the municipality; 3813
4588+(vi) Regulate and license the operation of amusement parks and 3814
4589+Bill No.
4590+
4591+
4592+
4593+LCO No. 10834 126 of 295
4594+
4595+amusement arcades including, but not limited to, the regulation of 3815
4596+mechanical rides and the establishment of the hours of operation; 3816
4597+(vii) Prohibit, restrain, license and regulate all sports, exhibitions, 3817
4598+public amusements and performances and all places where games may 3818
4599+be played; 3819
4600+(viii) Preserve the public peace and good order, prevent and quell 3820
4601+riots and disorderly assemblages and prevent disturbing noises; 3821
4602+(ix) Establish a system to obtain a more accurate registration of births, 3822
4603+marriages and deaths than the system provided by the general statutes 3823
4604+in a manner not inconsistent with the general statutes; 3824
4605+(x) Control insect pests or plant diseases in any manner deemed 3825
4606+appropriate; 3826
4607+(xi) Provide for the health of the inhabitants of the municipality and 3827
4608+do all things necessary or desirable to secure and promote the public 3828
4609+health; 3829
4610+(xii) Regulate the use of streets, sidewalks, highways, public places 3830
4611+and grounds for public and private purposes; 3831
4612+(xiii) Make and enforce police, sanitary or other similar regulations 3832
4613+and protect or promote the peace, safety, good government and welfare 3833
4614+of the municipality and its inhabitants; 3834
4615+(xiv) Regulate, in addition to the requirements under section 7-282b, 3835
4616+the installation, maintenance and operation of any device or equipment 3836
4617+in a residence or place of business which is capable of automatically 3837
4618+calling and relaying recorded emergency messages to any state police 3838
4619+or municipal police or fire department telephone number or which is 3839
4620+capable of automatically calling and relaying recorded emergency 3840
4621+messages or other forms of emergency signals to an intermediate third 3841
4622+party which shall thereafter call and relay such emergency messages to 3842
4623+a state police or municipal police or fire department telephone number. 3843
4624+Bill No.
4625+
4626+
4627+
4628+LCO No. 10834 127 of 295
4629+
4630+Such regulations may provide for penalties for the transmittal of false 3844
4631+alarms by such devices or equipment; 3845
4632+(xv) Make and enforce regulations for the prevention and 3846
4633+remediation of housing blight, including regulations reducing 3847
4634+assessments and authorizing designated agents of the municipality to 3848
4635+enter property during reasonable hours for the purpose of remediating 3849
4636+blighted conditions, provided such regulations define housing blight 3850
4637+and require such municipality to give written notice of any violation to 3851
4638+the owner and occupant of the property and provide a reasonable 3852
4639+opportunity for the owner and occupant to remediate the blighted 3853
4640+conditions prior to any enforcement action being taken, and further 3854
4641+provided such regulations shall not authorize such municipality or its 3855
4642+designated agents to enter any dwelling house or structure on such 3856
4643+property, and including regulations establishing a duty to maintain 3857
4644+property and specifying standards to determine if there is neglect; 3858
4645+prescribe civil penalties for the violation of such regulations of not less 3859
4646+than ten or more than one hundred dollars for each day that a violation 3860
4647+continues and, if such civil penalties are prescribed, such municipality 3861
4648+shall adopt a citation hearing procedure in accordance with section 7-3862
4649+152c; 3863
4650+(xvi) Regulate, on any property owned by or under the control of the 3864
4651+municipality, any activity deemed to be deleterious to public health, 3865
4652+including the [lighting or carrying] burning of a lighted cigarette, cigar, 3866
4653+pipe or similar device, whether containing, wholly or in part, tobacco or 3867
4654+cannabis, as defined in section 1 of this act, and the use or consumption 3868
4655+of cannabis, including, but not limited to, electronic cannabis delivery 3869
4656+systems, as defined in section 19a-342a, or vapor products, as defined in 3870
4657+said section, containing cannabis. If the municipality's population is 3871
4658+greater than fifty thousand, such regulations shall designate a place in 3872
4659+the municipality in which public consumption of cannabis is permitted. 3873
4660+Such regulations may prohibit the smoking of cannabis and the use of 3874
4661+electronic cannabis delivery systems and vapor products containing 3875
4662+cannabis in the outdoor sections of a restaurant. Such regulations may 3876
4663+Bill No.
4664+
4665+
4666+
4667+LCO No. 10834 128 of 295
4668+
4669+prescribe penalties for the violation of such regulations, provided such 3877
4670+fine does not exceed fifty dollars for a violation of such regulations 3878
4671+regarding consumption by an individual or a fine in excess of one 3879
4672+thousand dollars to any business for a violation of such regulations; 3880
4673+Sec. 85. Section 54-56n of the general statutes is repealed and the 3881
4674+following is substituted in lieu thereof (Effective April 1, 2022): 3882
4675+(a) The Judicial Branch shall collect data on the number of members 3883
4676+of the armed forces, veterans and nonveterans who, on and after 3884
4677+January 1, 2016, apply for and are granted admission or are denied entry 3885
4678+into (1) the pretrial program for accelerated rehabilitation established 3886
4679+pursuant to section 54-56e, (2) the supervised diversionary program 3887
4680+established pursuant to section 54-56l, [or] (3) the pretrial drug 3888
4681+education and community service program established pursuant to 3889
4682+section 54-56i, (4) the pretrial drug intervention and community service 3890
4683+program established under section 166 of this act, and (5) the pretrial 3891
4684+impaired driving intervention program established under section 167 of 3892
4685+this act. Data compiled pursuant to this section shall be based on 3893
4686+information provided by applicants at the time of application to any 3894
4687+such program. For the purposes of this section, "veteran" means any 3895
4688+person who was discharged or released under conditions other than 3896
4689+dishonorable from active service in the armed forces and "armed forces" 3897
4690+has the same meaning as provided in section 27-103. 3898
4691+(b) Not later than January 15, 2017, and annually thereafter, the 3899
4692+Judicial Branch shall submit a report detailing the data compiled for the 3900
4693+previous calendar year pursuant to subsection (a) of this section to the 3901
4694+joint standing committees of the General Assembly having cognizance 3902
4695+of matters relating to veterans' and military affairs and the judiciary, in 3903
4696+accordance with the provisions of section 11-4a. 3904
4697+Sec. 86. Section 19a-342 of the general statutes is repealed and the 3905
4698+following is substituted in lieu thereof (Effective October 1, 2021): 3906
4699+(a) As used in this section: [, "smoke"] 3907
4700+Bill No.
4701+
4702+
4703+
4704+LCO No. 10834 129 of 295
4705+
4706+(1) "Smoke" or "smoking" means the [lighting or carrying] burning of 3908
4707+a lighted cigarette, cigar, pipe or any other similar device, [.] whether 3909
4708+containing, wholly or in part, tobacco, cannabis, or hemp; 3910
4709+(2) "Any area" means the interior of the facility, building or 3911
4710+establishment and the outside area within twenty-five feet of any 3912
4711+doorway, operable window or air intake vent of the facility, building or 3913
4712+establishment; 3914
4713+(3) "Cannabis" means marijuana, as defined in section 21a-240; and 3915
4714+(4) "Hemp" has the same meaning as provided in section 22-61l. 3916
4715+(b) (1) Notwithstanding the provisions of section 31-40q, no person 3917
4716+shall smoke: (A) In any area of a building or portion of a building, 3918
4717+partially enclosed shelter on a rail platform or bus shelter owned and 3919
4718+operated or leased and operated by the state or any political subdivision 3920
4719+thereof; (B) in any area of a health care institution, including, but not 3921
4720+limited to, a psychiatric facility; (C) in any area of a retail [food store] 3922
4721+establishment accessed by the general public; (D) in any restaurant; (E) 3923
4722+in any area of an establishment with a permit issued for the sale of 3924
4723+alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-22, 30-22c, 3925
4724+30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-37f, in any area 3926
4725+of an establishment with a permit for the sale of alcoholic liquor 3927
4726+pursuant to section 30-23 issued after May 1, 2003, and, on and after 3928
4727+April 1, 2004, in any area of an establishment with a permit issued for 3929
4728+the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the bar 3930
4729+area of a bowling establishment holding a permit pursuant to subsection 3931
4730+(a) of section 30-37c; (F) [within] in any area of a school building or on 3932
4731+the grounds of such school; (G) within a child care facility or on the 3933
4732+grounds of such child care facility, except, if the child care facility is a 3934
4733+family child care home, as defined in section 19a-77, such smoking is 3935
4734+prohibited only when a child enrolled in such home is present during 3936
4735+customary business hours; (H) in any passenger elevator; [, provided no 3937
4736+person shall be arrested for violating this subsection unless there is 3938
4737+Bill No.
4738+
4739+
4740+
4741+LCO No. 10834 130 of 295
4742+
4743+posted in such elevator a sign which indicates that smoking is 3939
4744+prohibited by state law;] (I) in any area of a dormitory in any public or 3940
4745+private institution of higher education; [or (J) on and after April 1, 2004,] 3941
4746+(J) in any area of a dog race track or a facility equipped with screens for 3942
4747+the simulcasting of off-track betting race programs or jai alai games; (K) 3943
4748+in any room offered as an accommodation to guests by the operator of a 3944
4749+hotel, motel or similar lodging; or (L) in any area of a correctional facility 3945
4750+or halfway house. For purposes of this subsection, "restaurant" means 3946
4751+space, in a suitable and permanent building, kept, used, maintained, 3947
4752+advertised and held out to the public to be a place where meals are 3948
4753+regularly served to the public, "school" has the same meaning as 3949
4754+provided in section 10-154a and "child care facility" has the same 3950
4755+meaning as provided in section 19a-342a. 3951
4756+(2) [This section] Subdivision (1) of this subsection shall not apply to 3952
4757+[(A) correctional facilities; (B) designated smoking areas in psychiatric 3953
4758+facilities; (C) public] the following: (A) Public housing projects, as 3954
4759+defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 3955
4760+where demonstration smoking is taking place as part of a medical or 3956
4761+scientific experiment or lesson; [(E) smoking rooms provided by 3957
4762+employers for employees, pursuant to section 31-40q; (F)] (C) 3958
4763+notwithstanding the provisions of subparagraph (E) of subdivision (1) 3959
4764+of this subsection, the outdoor portion of the premises of any permittee 3960
4765+listed in subparagraph (E) of subdivision (1) of this subsection, 3961
4766+provided, in the case of any seating area maintained for the service of 3962
4767+food, at least seventy-five per cent of the outdoor seating capacity is an 3963
4768+area in which smoking is prohibited and which is clearly designated 3964
4769+with written signage as a nonsmoking area, except that any temporary 3965
4770+seating area established for special events and not used on a regular 3966
4771+basis shall not be subject to the smoking prohibition or signage 3967
4772+requirements of this subparagraph; [(G)] (D) any medical research site 3968
4773+where smoking is integral to the research being conducted; or [(H)] (E) 3969
4774+any tobacco bar, provided no tobacco bar shall expand in size or change 3970
4775+its location from its size or location as of December 31, 2002. For 3971
4776+Bill No.
4777+
4778+
4779+
4780+LCO No. 10834 131 of 295
4781+
4782+purposes of this subdivision, "outdoor" means an area which has no roof 3972
4783+or other ceiling enclosure, "tobacco bar" means an establishment with a 3973
4784+permit for the sale of alcoholic liquor to consumers issued pursuant to 3974
4785+chapter 545 that, in the calendar year ending December 31, 2002, 3975
4786+generated ten per cent or more of its total annual gross income from the 3976
4787+on-site sale of tobacco products and the rental of on-site humidors, [and] 3977
4788+"tobacco product" means any substance that contains tobacco, 3978
4789+including, but not limited to, cigarettes, cigars, pipe tobacco or chewing 3979
4790+tobacco, except "tobacco product" does not include cannabis. 3980
4791+[(c) The operator of a hotel, motel or similar lodging may allow guests 3981
4792+to smoke in not more than twenty-five per cent of the rooms offered as 3982
4793+accommodations to guests.] 3983
4794+[(d)] (c) In each room, elevator, area or building in which smoking is 3984
4795+prohibited by this section, the person in control of the premises shall 3985
4796+post or cause to be posted in a conspicuous place signs stating that 3986
4797+smoking is prohibited by state law. Such signs, except in elevators, 3987
4798+restaurants, establishments with permits to sell alcoholic liquor to 3988
4799+consumers issued pursuant to chapter 545, hotels, motels or similar 3989
4800+lodgings, and health care institutions, shall have letters at least four 3990
4801+inches high with the principal strokes of letters not less than one-half 3991
4802+inch wide. 3992
4803+[(e)] (d) Any person found guilty of smoking in violation of this 3993
4804+section, failure to post signs as required by this section or the 3994
4805+unauthorized removal of such signs shall have committed an infraction. 3995
4806+Nothing in this section shall be construed to require the person in 3996
4807+control of a building to post such signs in every room of [a] the building, 3997
4808+provided such signs are posted in a conspicuous place in [such] the 3998
4809+building. 3999
4810+[(f)] (e) Nothing in this section shall be construed to require any 4000
4811+smoking area [in] inside or outside any building or the entryway to any 4001
4812+building or on any property. 4002
4813+Bill No.
4814+
4815+
4816+
4817+LCO No. 10834 132 of 295
4818+
4819+[(g)] (f) The provisions of this section shall supersede and preempt 4003
4820+the provisions of any municipal law or ordinance relative to smoking 4004
4821+effective prior to, on or after October 1, 1993. 4005
4822+Sec. 87. Section 19a-342a of the general statutes is repealed and the 4006
4823+following is substituted in lieu thereof (Effective October 1, 2021): 4007
4824+(a) As used in this section: [and section 2 of public act 15-206:] 4008
4825+(1) "Any area" means the interior of the facility, building or 4009
4826+establishment and the outside area within twenty-five feet of any 4010
4827+doorway, operable window or air intake vent of the facility, building or 4011
4828+establishment; 4012
4829+[(1)] (2) "Child care facility" means a provider of child care services as 4013
4830+defined in section 19a-77, or a person or entity required to be licensed 4014
4831+under section 17a-145; 4015
4832+[(2)] (3) "Electronic nicotine delivery system" [has the same meaning 4016
4833+as provided in section 21a-415;] means an electronic device used in the 4017
4834+delivery of nicotine to a person inhaling from the device, and includes, 4018
4835+but is not limited to, an electronic cigarette, electronic cigar, electronic 4019
4836+cigarillo, electronic pipe or electronic hookah and any related device and 4020
4837+any cartridge or other component of such device, including, but not 4021
4838+limited to, electronic cigarette liquid or synthetic nicotine. "Electronic 4022
4839+nicotine delivery system" does not include a medicinal or therapeutic 4023
4840+product that is (A) used by a licensed health care provider to treat a 4024
4841+patient in a health care setting, (B) used by a patient, as prescribed or 4025
4842+directed by a licensed healthcare provider in any setting, or (C) any drug 4026
4843+or device, as defined in the Food, Drug and Cosmetic Act, 21 USC 321, 4027
4844+as amended from time to time, any combination product, as described 4028
4845+in said act, 21 USC 353(g), as amended from time to time, or any 4029
4846+biological product, as described in 42 USC 262, as amended from time 4030
4847+to time, and 21 CFR 600.3, as amended from time to time, authorized for 4031
4848+sale by the federal Food and Drug Administration; 4032
4849+Bill No.
4850+
4851+
4852+
4853+LCO No. 10834 133 of 295
4854+
4855+(4) "Electronic cigarette liquid" does not include a medicinal or 4033
4856+therapeutic product that is (A) used by a licensed health care provider 4034
4857+to treat a patient in a health care setting, (B) used by a patient, as 4035
4858+prescribed or directed by a licensed health care provider in any setting, 4036
4859+or (C) any drug or device, as defined in the Food, Drug and Cosmetic 4037
4860+Act, 21 USC 321, as amended from time to time, any combination 4038
4861+product, as described in said act, 21 USC 353(g), as amended from time 4039
4862+to time, or any biological product, as described in 42 USC 262, as 4040
4863+amended from time to time, and 21 CFR 600.3, as amended from time to 4041
4864+time, authorized for sale by the federal Food and Drug Administration; 4042
4865+(5) "Electronic cannabis delivery system" means an electronic device 4043
4866+that may be used to simulate smoking in the delivery of cannabis to a 4044
4867+person inhaling the device and includes, but is not limited to, a 4045
4868+vaporizer, electronic pipe, electronic hookah and any related device and 4046
4869+any cartridge or other component of such device. "Electronic cannabis 4047
4870+delivery system" does not include a medicinal or therapeutic product 4048
4871+that is (A) used by a licensed health care provider to treat a patient in a 4049
4872+health care setting, (B) used by a patient, as prescribed or directed by a 4050
4873+licensed health care provider in any setting, or (C) any drug or device, 4051
4874+as defined in the Food, Drug and Cosmetic Act, 21 USC 321, as amended 4052
4875+from time to time, any combination product, as described in said act, 21 4053
4876+USC 353(g), as amended from time to time, or any biological product, as 4054
4877+described in 42 USC 262, as amended from time to time, and 21 CFR 4055
4878+600.3, as amended from time to time, authorized for sale by the federal 4056
4879+Food and Drug Administration; 4057
4880+(6) "Cannabis" means marijuana, as defined in section 21a-240; 4058
4881+[(3)] (7) "Liquid nicotine container" means a container that holds a 4059
4882+liquid substance containing nicotine that is sold, marketed or intended 4060
4883+for use in an electronic nicotine delivery system or vapor product, 4061
4884+except "liquid nicotine container" does not include such a container that 4062
4885+is prefilled and sealed by the manufacturer and not intended to be 4063
4886+opened by the consumer; and 4064
4887+Bill No.
4888+
4889+
4890+
4891+LCO No. 10834 134 of 295
4892+
4893+[(4)] (8) "Vapor product" [has the same meaning as provided in 4065
4894+section 21a-415] means any product that employs a heating element, 4066
4895+power source, electronic circuit or other electronic, chemical or 4067
4896+mechanical means, regardless of shape or size, to produce a vapor that 4068
4897+may include nicotine or cannabis and is inhaled by the user of such 4069
4898+product. "Vapor product" does not include a medicinal or therapeutic 4070
4899+product that is (A) used by a licensed health care provider to treat a 4071
4900+patient in a health care setting, (B) used by a patient, as prescribed or 4072
4901+directed by a licensed health care provider in any setting, or (C) any 4073
4902+drug or device, as defined in the Food, Drug and Cosmetic Act, 21 USC 4074
4903+321, as amended from time to time, any combination product, as 4075
4904+described in said act, 21 USC 353(g), as amended from time to time, or 4076
4905+any biological product, as defined in 42 USC 262, as amended from time 4077
4906+to time, and 21 CFR 600.3, as amended from time to time, authorized for 4078
4907+sale by the federal Food and Drug Administration. 4079
4908+(b) (1) No person shall use an electronic nicotine or cannabis delivery 4080
4909+system or vapor product: (A) In any area of a building or portion of a 4081
4910+building owned and operated or leased and operated by the state or any 4082
4911+political subdivision thereof; (B) in any area of a health care institution, 4083
4912+including, but not limited to, a psychiatric facility; (C) in any area of a 4084
4913+retail [food store] establishment accessed by the public; (D) in any 4085
4914+restaurant; (E) in any area of an establishment with a permit issued for 4086
4915+the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-4087
4916+22, 30-22a, 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-4088
4917+37e or 30-37f, in any area of establishment with a permit issued for the 4089
4918+sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 4090
4919+2003, or the bar area of a bowling establishment holding a permit 4091
4920+pursuant to subsection (a) of section 30-37c; (F) [within] in any area of a 4092
4921+school building or on the grounds of such school; (G) within a child care 4093
4922+facility or on the grounds of such child care facility, except, if the child 4094
4923+care facility is a family child care home as defined in section 19a-77, such 4095
4924+use is prohibited only when a child enrolled in such home is present 4096
4925+during customary business hours; (H) in any passenger elevator; [, 4097
4926+Bill No.
4927+
4928+
4929+
4930+LCO No. 10834 135 of 295
4931+
4932+provided no person shall be arrested for violating this subsection unless 4098
4933+there is posted in such elevator a sign which indicates that such use is 4099
4934+prohibited by state law;] (I) in any area of a dormitory in any public or 4100
4935+private institution of higher education; [or] (J) in any area of a dog race 4101
4936+track or a facility equipped with screens for the simulcasting of off-track 4102
4937+betting race programs or jai alai games; (K) in any room offered as an 4103
4938+accommodation to guests by the operator of a hotel, motel or similar 4104
4939+lodging; or (L) in any area of a correctional facility, halfway house or 4105
4940+residential facility funded by the Judicial Branch. For purposes of this 4106
4941+subsection, "restaurant" means space, in a suitable and permanent 4107
4942+building, kept, used, maintained, advertised and held out to the public 4108
4943+to be a place where meals are regularly served to the public, and "school" 4109
4944+has the same meaning as provided in section 10-154a. 4110
4945+(2) [This section] Subdivision (1) of this subsection shall not apply to 4111
4946+[(A) correctional facilities; (B) designated smoking areas in psychiatric 4112
4947+facilities; (C) public] the following: (A) Public housing projects, as 4113
4948+defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 4114
4949+where a demonstration of the use of an electronic nicotine or cannabis 4115
4950+delivery system or vapor product is taking place as part of a medical or 4116
4951+scientific experiment or lesson; [(E)] (C) any medical research site where 4117
4952+the use of an electronic nicotine or cannabis delivery system or vapor 4118
4953+product is integral to the research being conducted; [(F)] (D) 4119
4954+establishments without a permit for the sale of alcoholic liquor that sell 4120
4955+electronic nicotine delivery systems, vapor products or liquid nicotine 4121
4956+containers on-site and allow their customers to use such systems, 4122
4957+products or containers on-site; [(G) smoking rooms provided by 4123
4958+employers for employees, pursuant to section 31-40q; (H)] (E) 4124
4959+notwithstanding the provisions of subparagraph (E) of subdivision (1) 4125
4960+of this subsection, the outdoor portion of the premises of any permittee 4126
4961+listed in subparagraph (E) of subdivision (1) of this subsection, 4127
4962+provided, in the case of any seating area maintained for the service of 4128
4963+food, at least seventy-five per cent of the outdoor seating capacity is an 4129
4964+area in which smoking is prohibited and which is clearly designated 4130
4965+Bill No.
4966+
4967+
4968+
4969+LCO No. 10834 136 of 295
4970+
4971+with written signage as a nonsmoking area, except that any temporary 4131
4972+seating area established for special events and not used on a regular 4132
4973+basis shall not be subject to the prohibition on the use of an electronic 4133
4974+nicotine or cannabis delivery system or vapor product or the signage 4134
4975+requirements of this subparagraph; or [(I)] (F) any tobacco bar, provided 4135
4976+no tobacco bar shall expand in size or change its location from its size or 4136
4977+location as of October 1, 2015. For purposes of this subdivision, 4137
4978+"outdoor" means an area which has no roof or other ceiling enclosure, 4138
4979+"tobacco bar" means an establishment with a permit for the sale of 4139
4980+alcoholic liquor to consumers issued pursuant to chapter 545 that, in the 4140
4981+calendar year ending December 31, 2015, generated ten per cent or more 4141
4982+of its total annual gross income from the on-site sale of tobacco products 4142
4983+and the rental of on-site humidors, [and] "tobacco product" means any 4143
4984+substance that contains tobacco, including, but not limited to, cigarettes, 4144
4985+cigars, pipe tobacco or chewing tobacco, except that "tobacco product" 4145
4986+does not include cannabis. 4146
4987+[(c) The operator of a hotel, motel or similar lodging may allow guests 4147
4988+to use an electronic nicotine delivery system or vapor product in not 4148
4989+more than twenty-five per cent of the rooms offered as accommodations 4149
4990+to guests.] 4150
4991+[(d)] (c) In each room, elevator, area or building in which the use of 4151
4992+an electronic nicotine or cannabis delivery system or vapor product is 4152
4993+prohibited by this section, the person in control of the premises shall 4153
4994+post or cause to be posted in a conspicuous place signs stating that such 4154
4995+use is prohibited by state law. Such signs, except in elevators, 4155
4996+restaurants, establishments with permits to sell alcoholic liquor to 4156
4997+consumers issued pursuant to chapter 545, hotels, motels or similar 4157
4998+lodgings, and health care institutions, shall have letters at least four 4158
4999+inches high with the principal strokes of letters not less than one-half 4159
5000+inch wide. 4160
5001+[(e)] (d) Any person found guilty of using an electronic nicotine or 4161
5002+cannabis delivery system or vapor product in violation of this section, 4162
5003+Bill No.
5004+
5005+
5006+
5007+LCO No. 10834 137 of 295
5008+
5009+failure to post signs as required by this section or the unauthorized 4163
5010+removal of such signs shall have committed an infraction. Nothing in 4164
5011+this section shall be construed to require the person in control of a 4165
5012+building to post such signs in every room of the building, provided such 4166
5013+signs are posted in a conspicuous place in the building. 4167
5014+[(f)] (e) Nothing in this section shall be construed to require the 4168
5015+designation of any area for the use of electronic nicotine or cannabis 4169
5016+delivery system or vapor product [in] inside or outside any building or 4170
5017+the entryway to any building or on any property. 4171
5018+[(g)] (f) The provisions of this section shall supersede and preempt 4172
5019+the provisions of any municipal law or ordinance relative to the use of 4173
5020+an electronic nicotine delivery system or vapor product effective prior 4174
5021+to, on or after October 1, 2015. 4175
5022+Sec. 88. Section 31-40q of the general statutes is repealed and the 4176
5023+following is substituted in lieu thereof (Effective October 1, 2021): 4177
5024+(a) As used in this section: 4178
5025+(1) "Person" means one or more individuals, partnerships, 4179
5026+associations, corporations, limited liability companies, business trusts, 4180
5027+legal representatives or any organized group of persons; [.] 4181
5028+(2) "Employer" means a person engaged in business who has 4182
5029+employees, including the state and any political subdivision thereof; [.] 4183
5030+(3) "Employee" means any person engaged in service to an employer 4184
5031+in the business of his employer; [.] 4185
5032+(4) "Business facility" means a structurally enclosed location or 4186
5033+portion thereof at which employees perform services for their employer. 4187
5034+The term "business facility" does not include: (A) Facilities listed in 4188
5035+[subparagraph (A), (C) or (H) of] subdivision (2) of subsection (b) of 4189
5036+section 19a-342 or subdivision (2) of subsection (b) of section 19a-342a; 4190
5037+(B) any establishment with a permit for the sale of alcoholic liquor 4191
5038+Bill No.
5039+
5040+
5041+
5042+LCO No. 10834 138 of 295
5043+
5044+pursuant to section 30-23 issued on or before May 1, 2003; (C) for any 4192
5045+business that is engaged in the testing or development of tobacco, [or] 4193
5046+tobacco products or cannabis, the areas of such business designated for 4194
5047+such testing or development; or (D) during the period from October 1, 4195
5048+2003, to April 1, 2004, establishments with a permit issued for the sale of 4196
5049+alcoholic liquor pursuant to section 30-22a or 30-26 or the bar area of a 4197
5050+bowling establishment holding a permit pursuant to subsection (a) of 4198
5051+section 30-37c; [.] 4199
5052+(5) ["Smoking"] "Smoke" or "smoking" means the burning of a lighted 4200
5053+cigar, cigarette, pipe or any other [matter or substance which contains 4201
5054+tobacco.] similar device, whether containing, wholly or in part, tobacco, 4202
5055+cannabis or hemp; 4203
5056+(6) "Cannabis" means marijuana, as defined in section 21a-240; 4204
5057+(7) "Electronic nicotine delivery system" has the same meaning as 4205
5058+provided in section 19a-342a; 4206
5059+(8) "Electronic cannabis delivery system" has the same meaning as 4207
5060+provided in section 19a-342a; 4208
5061+(9) "Vapor product" has the same meaning as provided in section 19a-4209
5062+342a; 4210
5063+(10) "Any area" has the same meaning as provided in section 19a-4211
5064+342a; and 4212
5065+(11) "Hemp" has the same meaning as provided in section 22-61l. 4213
5066+[(b) Each employer with fewer than five employees in a business 4214
5067+facility shall establish one or more work areas, sufficient to 4215
5068+accommodate nonsmokers who request to utilize such an area, within 4216
5069+each business facility under his control, where smoking is prohibited. 4217
5070+The employer shall clearly designate the existence and boundaries of 4218
5071+each nonsmoking area by posting signs which can be readily seen by 4219
5072+employees and visitors. In the areas within the business facility where 4220
5073+Bill No.
5074+
5075+
5076+
5077+LCO No. 10834 139 of 295
5078+
5079+smoking is permitted, existing physical barriers and ventilation systems 4221
5080+shall be used to the extent practicable to minimize the effect of smoking 4222
5081+in adjacent nonsmoking areas.] 4223
5082+[(c) (1)] (b) Each employer [with five or more employees] shall 4224
5083+prohibit smoking [in] and the use of electronic nicotine and cannabis 4225
5084+delivery systems and vapor products in any area of any business facility 4226
5085+under said employer's control. [, except that an employer may designate 4227
5086+one or more smoking rooms.] 4228
5087+[(2) Each employer that provides a smoking room pursuant to this 4229
5088+subsection shall provide sufficient nonsmoking break rooms for 4230
5089+nonsmoking employees. 4231
5090+(3) Each smoking room designated by an employer pursuant to this 4232
5091+subsection shall meet the following requirements: (A) Air from the 4233
5092+smoking room shall be exhausted directly to the outside by an exhaust 4234
5093+fan, and no air from such room shall be recirculated to other parts of the 4235
5094+building; (B) the employer shall comply with any ventilation standard 4236
5095+adopted by (i) the Commissioner of Labor pursuant to chapter 571, (ii) 4237
5096+the United States Secretary of Labor under the authority of the 4238
5097+Occupational Safety and Health Act of 1970, as from time to time 4239
5098+amended, or (iii) the federal Environmental Protection Agency; (C) such 4240
5099+room shall be located in a nonwork area, where no employee, as part of 4241
5100+his or her work responsibilities, is required to enter, except such work 4242
5101+responsibilities shall not include any custodial or maintenance work 4243
5102+carried out in the smoking room when it is unoccupied; and (D) such 4244
5103+room shall be for the use of employees only.] 4245
5104+[(d)] (c) Nothing in this section may be construed to prohibit an 4246
5105+employer from designating an entire business facility and the real 4247
5106+property on which the business facility is located as a nonsmoking area. 4248
5107+Sec. 89. (NEW) (Effective July 1, 2022) (a) As used in this section, 4249
5108+"cannabis" has the same meaning as provided in section 1 of this act and 4250
5109+"electronic cannabis delivery system" and "vapor product" have the 4251
5110+Bill No.
5111+
5112+
5113+
5114+LCO No. 10834 140 of 295
5115+
5116+same meanings as provided in section 19a-342a of the general statutes. 4252
5117+No hotel, motel or similar lodging shall prohibit the legal possession or 4253
5118+consumption of cannabis in any nonpublic area of such hotel, motel or 4254
5119+similar lodging. 4255
5120+(b) Notwithstanding the provisions of subsection (a) of this section, a 4256
5121+hotel, motel or similar lodging shall prohibit the smoking of cannabis 4257
5122+and the use of an electronic cannabis delivery system or a vapor product 4258
5123+containing cannabis in any location of such hotel, motel or similar 4259
5124+lodging. 4260
5125+Sec. 90. (NEW) (Effective July 1, 2022) (a) As used in this section, 4261
5126+"tenant", "landlord" and dwelling unit" have the same meanings as 4262
5127+provided in section 47a-1 of the general statutes. Except as provided in 4263
5128+this section, a landlord or property manager may not refuse to rent to a 4264
5129+prospective tenant or an existing tenant, or otherwise discriminate 4265
5130+against a prospective tenant or an existing tenant, based on a past 4266
5131+conviction for possession of a cannabis-type substance under section 4267
5132+21a-279a of the general statutes, or for a past conviction for possession 4268
5133+of four or fewer ounces of cannabis plant material, and any 4269
5134+equivalencies and combinations thereof, pursuant to subsection (i) of 4270
5135+section 21a-279a of the general statutes in any other jurisdiction. 4271
5136+(b) Except as provided in this section, in the case of the rental of a 4272
5137+dwelling unit, a landlord or property manager may not prohibit the 4273
5138+possession of cannabis or the consumption of cannabis, except a 4274
5139+landlord or property manager may prohibit smoking of cannabis or use 4275
5140+of an electronic cannabis device or cannabis vapor product, as such 4276
5141+terms are defined in section 19a-342a of the general statutes. 4277
5142+(c) A landlord or property manager may not require a tenant to 4278
5143+submit to a drug test. 4279
5144+(d) The provisions of this section do not apply if: 4280
5145+(1) The tenant is a roomer who is not leasing the entire residence; 4281
5146+Bill No.
5147+
5148+
5149+
5150+LCO No. 10834 141 of 295
5151+
5152+(2) the residence is incidental to detention or the provision of medical, 4282
5153+geriatric, educational, counseling, religious, or similar service; 4283
5154+(3) The residence is a transitional housing or sober living facility; or 4284
5155+(4) Failing to prohibit cannabis possession or consumption or failure 4285
5156+to require a drug test would violate federal law or regulations or cause 4286
5157+the landlord to lose a monetary or licensing-related benefit under 4287
5158+federal law or regulations. 4288
5159+Sec. 91. (NEW) (Effective July 1, 2022) The use of cannabis shall be 4289
5160+prohibited on any state lands or waters managed by the Department of 4290
5161+Energy and Environmental Protection. Any person who violates such 4291
5162+prohibition shall be fined not more than two hundred fifty dollars. The 4292
5163+provisions of this section may only be enforced by agents of the 4293
5164+Department of Energy and Environmental Protection. 4294
5165+Sec. 92. (NEW) (Effective July 1, 2021) The Commissioner of Correction 4295
5166+may prohibit the possession of cannabis in any Department of 4296
5167+Correction facility or halfway house. 4297
5168+Sec. 93. (NEW) (Effective July 1, 2022) A drug test of an individual that 4298
5169+yields a positive result solely for 11 -nor-9-carboxy-delta-9-4299
5170+tetrahydrocannabinol shall not be construed, without other evidence, as 4300
5171+proof that such individual is under the influence of or impaired by 4301
5172+cannabis. 4302
5173+Sec. 94. (NEW) (Effective July 1, 2021) The presence of cannabinoid 4303
5174+metabolites in the bodily fluids of a person: 4304
5175+(1) With respect to a patient, shall not constitute the use of an illicit 4305
5176+substance resulting in denial of medical care, including organ 4306
5177+transplantation, and a patient's use of cannabis products may only be 4307
5178+considered with respect to evidence-based clinical criteria; and 4308
5179+(2) With respect to a parent or legal guardian of a child or newborn 4309
5180+infant, or a pregnant woman, shall not form the sole or primary basis for 4310
5181+Bill No.
5182+
5183+
5184+
5185+LCO No. 10834 142 of 295
5186+
5187+any action or proceeding by the Department of Children and Families, 4311
5188+or any successor agencies provided, nothing in this subdivision shall 4312
5189+preclude any action or proceeding by such department based on harm 4313
5190+or risk of harm to a child or the use of information on the presence of 4314
5191+cannabinoid metabolites in the bodily fluids of any person in any action 4315
5192+or proceeding. 4316
5193+Sec. 95. (NEW) (Effective July 1, 2021) A drug test of a student that 4317
5194+yields a positive result solely for 11 -nor-9-carboxy-delta-9-4318
5195+tetrahydrocannabinol shall not form the sole basis for an educational 4319
5196+institution to refuse to enroll or to continue to enroll, or otherwise 4320
5197+penalize such student, unless failing to do so would put the educational 4321
5198+institution in violation of a federal contract or cause it to lose federal 4322
5199+funding, or such student is being drug tested as required by the National 4323
5200+Collegiate Athletic Association and any such action is taken as required 4324
5201+by the policies of the National Collegiate Athletic Association. 4325
5202+Sec. 96. (NEW) (Effective July 1, 2021) No institution of higher 4326
5203+education, as defined in section 10a-55 of the general statutes, shall 4327
5204+revoke any financial aid, student loans, or expel a student, solely for use 4328
5205+or possession of less than (1) four ounces of cannabis plant material, (2) 4329
5206+an equivalent amount of cannabis product, as provided in subsection (i) 4330
5207+of section 21a-279a of the general statutes, or (3) an equivalent amount 4331
5208+of a combination of cannabis and cannabis product, as provided in 4332
5209+subsection (i) of section 21a-279a of the general statutes, unless 4333
5210+complying with the provisions of this section would violate federal law 4334
5211+or a federal contract, or failing to take the actions prohibited under this 4335
5212+section would jeopardize an institution of higher education's federal 4336
5213+funding. 4337
5214+Sec. 97. (NEW) (Effective July 1, 2022) As used in this section and 4338
5215+sections 98 to 101, inclusive, of this act: 4339
5216+(1) "Employee" means any individual employed or permitted to work 4340
5217+by an employer, or an independent contractor; 4341
5218+Bill No.
5219+
5220+
5221+
5222+LCO No. 10834 143 of 295
5223+
5224+(2) "Employer" has the same meaning as provided in section 31-58 of 4342
5225+the general statutes; 4343
5226+(3) "Exempted employer" means an employer whose primary activity 4344
5227+is (A) mining, including, but not limited to, an employer with a two-4345
5228+digit North American Industry Classification System code of 21, (B) 4346
5229+utilities, including, but not limited to, any employer with a two-digit 4347
5230+North American Industry Classification System code of 22, (C) 4348
5231+construction, including, but not limited to, an employer with a two-digit 4349
5232+North American Industry Classification System code of 23, (D) 4350
5233+manufacturing, including, but not limited to, an employer with a two-4351
5234+digit North American Industry Classification System code of 31, 32 or 4352
5235+33, (E) transportation or delivery, including, but not limited to, an 4353
5236+employer with a two-digit North American Industry Classification 4354
5237+System code of 48 or 49, (F) educational services, including, but not 4355
5238+limited to, an employer with a two-digit North American Industry 4356
5239+Classification System Code of 61, (G) health care or social services, 4357
5240+including, but not limited to, an employer with a two-digit North 4358
5241+American Industry Classification System Code of 62, (H) justice, public 4359
5242+order, and safety activities, including, but not limited to, an employer 4360
5243+with a four-digit North American Industry Classification System code 4361
5244+of 9221, or (I) national security and international affairs, including, but 4362
5245+not limited to, those with a three-digit North American Industry 4363
5246+Classification System code of 928. As used in this subdivision, 4364
5247+"Employer" includes any subdivision of a business entity that is a 4365
5248+standalone business unit, including, but not limited to, having its own 4366
5249+executive leadership, having some or significant autonomy and having 4367
5250+its own financial statements and results; 4368
5251+(4) "Exempted position" means a position: 4369
5252+(A) As a firefighter; 4370
5253+(B) As an emergency medical technician; 4371
5254+(C) As a police officer or peace officer, in a position with a law 4372
5255+Bill No.
5256+
5257+
5258+
5259+LCO No. 10834 144 of 295
5260+
5261+enforcement or investigative function at a state or local agency or in a 4373
5262+position with the Department of Correction involving direct contact 4374
5263+with inmates; 4375
5264+(D) Requiring operation of a motor vehicle, for which federal or state 4376
5265+law requires any employee such position to submit to screening tests, 4377
5266+including, but not limited to, any position requiring a commercial 4378
5267+driver's license or any position subject to 49 CFR 40, 14 CFR 120 or 49 4379
5268+CFR 16; 4380
5269+(E) Requiring certification of completion of a course in construction 4381
5270+safety and health approved by the federal Occupational Safety and 4382
5271+Health Administration; 4383
5272+(F) Requiring a federal Department of Defense or Department of 4384
5273+Energy national security clearance; 4385
5274+(G) For which the provisions of sections 98 to 101, inclusive, of this 4386
5275+act, are inconsistent or otherwise in conflict with the provisions of an 4387
5276+employment contract or collective bargaining agreement; 4388
5277+(H) For which the provisions of sections 98 to 101, inclusive, of this 4389
5278+act, would be inconsistent or otherwise in conflict with any provision of 4390
5279+federal law; 4391
5280+(I) Funded in whole or in part by a federal grant; 4392
5281+(J) Requiring certification of completion of a course in construction 4393
5282+safety and health approved by the federal Occupational Safety and 4394
5283+Health Administration; 4395
5284+(K) Requiring the supervision or care of children, medical patients or 4396
5285+vulnerable persons; 4397
5286+(L) With the potential to adversely impact the health or safety of 4398
5287+employees or members of the public, in the determination of the 4399
5288+employer; 4400
5289+Bill No.
5290+
5291+
5292+
5293+LCO No. 10834 145 of 295
5294+
5295+(M) At a nonprofit organization or corporation, the primary purpose 4401
5296+of which is to discourage use of cannabis products or any other drug by 4402
5297+the general public; or 4403
5298+(N) At an exempt employer. 4404
5299+(5) "Exempted employee" means an employee holding an exempted 4405
5300+position or working for an exempted employer; 4406
5301+(6) "On call" means a period of time for which an employee (A) is 4407
5302+scheduled with at least twenty-four hours' notice by his or her employer 4408
5303+to be on standby or otherwise responsible for performing tasks related 4409
5304+to his or her employment, either at the employer's premises or other 4410
5305+previously designated location by his or her employer or supervisor to 4411
5306+perform a work-related task, and (B) is being compensated for such 4412
5307+scheduled time; 4413
5308+(7) "Work hours" means any period of time for which such employee 4414
5309+is compensated by an employer and is performing job duties or is 4415
5310+reasonably expected to be performing job duties; and 4416
5311+(8) "Workplace" means the employer's premises, including any 4417
5312+building, real property, and parking area under the control of the 4418
5313+employer, and area used by an employee while in the performance of 4419
5314+the employee's job duties, and the employer's vehicles, whether leased, 4420
5315+rented, or owned. 4421
5316+Sec. 98. (NEW) (Effective July 1, 2022) (a) No employer shall be 4422
5317+required to make accommodations for an employee or be required to 4423
5318+allow an employee to: (1) Perform his or her duties while under the 4424
5319+influence of cannabis, or (2) possess, use or otherwise consume cannabis 4425
5320+while performing such duties or on the premises of the employer, except 4426
5321+possession of palliative cannabis by a qualifying patient under chapter 4427
5322+420f of the general statutes. 4428
5323+(b) (1) An employer may implement a policy prohibiting the 4429
5324+Bill No.
5325+
5326+
5327+
5328+LCO No. 10834 146 of 295
5329+
5330+possession, use or other consumption of cannabis by an employee, 4430
5331+except (A) as provided in section 21a-408p of the general statutes, and 4431
5332+(B) for possession of palliative cannabis by a qualifying patient under 4432
5333+chapter 420f of the general statutes, provided such policy is: (i) In 4433
5334+writing in either physical or electronic form, and (ii) made available to 4434
5335+each employee prior to the enactment of such policy. The employer shall 4435
5336+make any such policy available to each prospective employee at the time 4436
5337+the employer makes an offer or conditional offer of employment to the 4437
5338+prospective employee. 4438
5339+(2) (A) No employer shall discharge from employment or take any 4439
5340+adverse action against any employee with respect to compensation, 4440
5341+terms, conditions or other privileges of employment because such 4441
5342+employee does or does not smoke, vape, aerosolize or otherwise use 4442
5343+cannabis products outside of the workplace, unless such employment 4443
5344+action is made pursuant to a policy established under subdivision (1) of 4444
5345+this subsection. 4445
5346+(B) No employer shall discharge from employment or take any 4446
5347+adverse action against any employee or prospective employee with 4447
5348+respect to compensation, terms, conditions, refusal to hire or other 4448
5349+privileges of employment because such employee or prospective 4449
5350+employee had or had not smoked, vaped, aerosolized or otherwise used 4450
5351+cannabis products outside of the workplace before such employee or 4451
5352+prospective employee was employed by such employer, unless failing 4452
5353+to do so would put the employer in violation of a federal contract or 4453
5354+cause it to lose federal funding. 4454
5355+(c) Nothing in sections 97 to 101, inclusive, of this act: (1) Requires an 4455
5356+employer to amend or repeal, or affect, restrict or preempt the rights and 4456
5357+obligations of employers to maintain a drug and alcohol-free workplace, 4457
5358+or (2) shall limit an employer from taking appropriate adverse or other 4458
5359+employment action upon (A) reasonable suspicion of an employee's 4459
5360+usage of cannabis while engaged in the performance of the employee's 4460
5361+work responsibilities at the workplace or on call, or (B) determining that 4461
5362+Bill No.
5363+
5364+
5365+
5366+LCO No. 10834 147 of 295
5367+
5368+an employee manifests specific, articulable symptoms of drug 4462
5369+impairment while working at the workplace or on call that decrease or 4463
5370+lessen the employee's performance of the duties or tasks of the 4464
5371+employee's job position, including, but not limited to, (i) symptoms of 4465
5372+the employee's speech, physical dexterity, agility, coordination, 4466
5373+demeanor, irrational or unusual behavior, or negligence or carelessness 4467
5374+in operating equipment of machinery, (ii) disregard for the safety of the 4468
5375+employee or others, or involvement in any accident that results in 4469
5376+serious damage to equipment or property, (iii) disruption of a 4470
5377+production or manufacturing process, or (iv) carelessness that results in 4471
5378+any injury to the employee or others. 4472
5379+(d) (1) The provisions of subsection (b) of this section shall not apply 4473
5380+to an exempted employer, an exempted employee or to any employee 4474
5381+who holds or is applying for an exempted position. 4475
5382+(2) Nothing in sections 97 to 101, inclusive, of this act, shall limit or 4476
5383+prevent an employer from subjecting an employee or applicant to drug 4477
5384+testing or a fitness for duty evaluation, or from taking adverse action, 4478
5385+including, but not limited to, disciplining an employee, terminating the 4479
5386+employment of an employee or rescinding a conditional job offer to a 4480
5387+prospective employee pursuant to a policy established under 4481
5388+subdivision (1) of subsection (b) of this section. 4482
5389+Sec. 99. (NEW) (Effective July 1, 2022) A drug test of a prospective or 4483
5390+existing employee, other than a prospective or existing exempted 4484
5391+employee, that yields a positive result solely for 11-nor-9-carboxy-delta-4485
5392+9-tetrahydrocannabinol, shall not form the sole basis for refusal to 4486
5393+employ or to continue to employ or otherwise penalize such prospective 4487
5394+or existing employee, unless (1) failing to do so would put the employer 4488
5395+in violation of a federal contract or cause it to lose federal funding, (2) 4489
5396+the employer reasonably suspects an employee's usage of cannabis 4490
5397+while engaged in the performance of the employee's work 4491
5398+responsibilities, (3) the employee manifests specific, articulable 4492
5399+symptoms of drug impairment while working that decrease or lessen 4493
5400+Bill No.
5401+
5402+
5403+
5404+LCO No. 10834 148 of 295
5405+
5406+the employee's performance of the duties or tasks of the employee's job 4494
5407+position, including, but not limited to, (A) symptoms of the employee's 4495
5408+speech, physical dexterity, agility, coordination, demeanor, irrational or 4496
5409+unusual behavior or negligence or carelessness in operating equipment 4497
5410+of machinery, (B) disregard for the safety of the employee or others, or 4498
5411+involvement in any accident that results in serious damage to 4499
5412+equipment or property, (C) disruption of a production or manufacturing 4500
5413+process, or (D) carelessness that results in any injury to the employee or 4501
5414+others, or (4) except as provided in section 21a-408p of the general 4502
5415+statutes, such drug test was pursuant to a random drug testing policy 4503
5416+pursuant to subdivision (1) of subsection (b) of section 98 of this act or 4504
5417+was of a prospective employee with a conditional job offer, and such 4505
5418+employer has established in such policy that a positive drug test for 11-4506
5419+nor-9-carboxy-delta-9-tetrahydrocannabinol may result in an adverse 4507
5420+employment action. 4508
5421+Sec. 100. (NEW) (Effective July 1, 2022) (a) Except as provided in 4509
5422+subsection (b) of this section, if an employer has violated any provision 4510
5423+of section 98 or 99 of this act, an individual aggrieved by such violation 4511
5424+may bring a civil action for judicial enforcement of such provision in the 4512
5425+superior court for the judicial district where the violation is alleged to 4513
5426+have occurred, or where the employer has its principal office, within 4514
5427+ninety days of such alleged violation, except any action involving a state 4515
5428+agency may be brought in the superior court for the judicial district of 4516
5429+Hartford. Any individual who prevails in such civil action may be 4517
5430+awarded reinstatement of the individual's previous employment or job 4518
5431+offer, back wages and reasonable attorney's fees and costs, to be taxed 4519
5432+by the court. 4520
5433+(b) Nothing in this section shall be construed to create or imply a 4521
5434+cause of action for any person against an employer: (1) For actions taken 4522
5435+based on the employer's good faith belief that an employee used or 4523
5436+possessed cannabis, except possession of palliative cannabis by a 4524
5437+qualifying patient under chapter 420f of the general statutes, in the 4525
5438+employer's workplace, while performing the employee's job duties, 4526
5439+Bill No.
5440+
5441+
5442+
5443+LCO No. 10834 149 of 295
5444+
5445+during work hours, or while on call in violation of the employer's 4527
5446+employment policies; (2) for actions taken, including discipline or 4528
5447+termination of employment, based on the employer's good faith belief 4529
5448+that an employee was unfit for duty or impaired as a result of the use of 4530
5449+cannabis, or under the influence of cannabis, while at the employer's 4531
5450+workplace, while performing the employee's job duties, during work 4532
5451+hours or while on call in violation of the employer's workplace drug 4533
5452+policy; (3) for injury, loss or liability to a third party if the employer 4534
5453+neither knew nor had reason to know that the employee was impaired 4535
5454+by cannabis; (4) for subjecting an employee to drug testing or a fitness 4536
5455+for duty evaluation, pursuant to a policy established under subdivision 4537
5456+(1) of subsection (b) of section 98 of this act; (5) for subjecting a 4538
5457+prospective employee to drug testing or taking adverse action against a 4539
5458+prospective employee, including, but not limited to, rescission of a 4540
5459+conditional job offer, based on the results of a drug test, so long as no 4541
5460+employer takes adverse action against a prospective employee in regard 4542
5461+to a drug test that is solely positive for 11-nor-9-carboxy-delta-9-4543
5462+tetrahydrocannabinol unless such employer is an exempted employer, 4544
5463+such prospective employee is applying for an exempted position, or the 4545
5464+employer has established in an employment policy pursuant to 4546
5465+subdivision (1) of subsection (b) of section 98 of this act that a positive 4547
5466+drug test for 11-nor-9-carboxy-delta-9-tetrahydrocannabinol may result 4548
5467+in adverse employment action; or (6) if such employer is an exempted 4549
5468+employer or the claims are regarding an exempted position. 4550
5469+(c) Notwithstanding the provisions of chapter 557 of the general 4551
5470+statutes, no employer, officer, agent or other person who violates any 4552
5471+provision of sections 98 to 101, inclusive, of this act shall be liable to the 4553
5472+Labor Department for a civil penalty, nor shall the Labor Department 4554
5473+undertake an investigation of an employer, officer, agent or other person 4555
5474+based solely on an allegation that such employer, officer, agent or other 4556
5475+person violated the provisions of this section. 4557
5476+Sec. 101. (NEW) (Effective July 1, 2021) (a) Notwithstanding the 4558
5477+provisions of sections 98 to 100, inclusive, of this act, nothing in 4559
5478+Bill No.
5479+
5480+
5481+
5482+LCO No. 10834 150 of 295
5483+
5484+RERACA shall be construed to apply to drug testing, conditions of 4560
5485+continued employment or conditions for hiring employees required 4561
5486+pursuant to: 4562
5487+(1) Any regulation of the federal Department of Transportation, if 4563
5488+such regulation requires testing of a prospective employee in 4564
5489+accordance with 49 CFR 40 or any regulations of state agencies that 4565
5490+adopt a federal regulation for purposes of enforcing the requirements of 4566
5491+such regulation with respect to intrastate commerce; 4567
5492+(2) Any contract entered into between the federal government and an 4568
5493+employer or any grant of financial assistance from the federal 4569
5494+government to an employer that requires drug testing of prospective 4570
5495+employees as a condition of receiving the contract or grant; 4571
5496+(3) Any federal law or state statute, regulation or order that requires 4572
5497+drug testing of prospective employees for safety or security purposes; 4573
5498+or 4574
5499+(4) Any applicant whose prospective employer is a party to a valid 4575
5500+collective bargaining agreement that specifically addresses drug testing, 4576
5501+conditions of hiring, or conditions of continued employment of such 4577
5502+applicant. 4578
5503+(b) Nothing in sections 98 to 100, inclusive, of this act, shall apply to 4579
5504+the privileges, qualifications, credentialing, review or discipline of 4580
5505+nonemployee, licensed healthcare professionals on the medical staff of 4581
5506+a hospital or other medical organization. 4582
5507+Sec. 102. (NEW) (Effective July 1, 2021) (a) As used in this section: 4583
5508+(1) "Bona fide labor organization" means a labor union that (A) 4584
5509+represents employees in this state with regard to wages, hours and 4585
5510+working conditions, (B) whose officers have been elected by a secret 4586
5511+ballot or otherwise in a manner consistent with federal law, (C) is free 4587
5512+of domination or interference by any employer and has received no 4588
5513+Bill No.
5514+
5515+
5516+
5517+LCO No. 10834 151 of 295
5518+
5519+improper assistance or support from any employer, and (D) is actively 4589
5520+seeking to represent cannabis workers in the state; 4590
5521+(2) "Labor peace agreement" means an agreement between a cannabis 4591
5522+establishment and a bona fide labor organization under this section 4592
5523+pursuant to which the owners and management of the cannabis 4593
5524+establishment agree not to lock out employees and that prohibits the 4594
5525+bona fide labor organization from engaging in picketing, work 4595
5526+stoppages or boycotts against the cannabis establishment; 4596
5527+(3) "Cannabis establishment", "dispensary facility" and "producer" 4597
5528+have the same meanings as provided in section 1 of this act; and 4598
5529+(4) "Licensee" means a cannabis establishment licensee, dispensary 4599
5530+facility or producer. 4600
5531+(b) Any provisional cannabis establishment licensee, dispensary 4601
5532+facility or producer shall, as a condition of its final license approval, 4602
5533+license conversion or approval for expanded authorizat ion, 4603
5534+respectively, enter into a labor peace agreement with a bona fide labor 4604
5535+organization. Any such labor peace agreement shall contain a clause 4605
5536+that the parties agree that final and binding arbitration by a neutral 4606
5537+arbitrator will be the exclusive remedy for any violation of such 4607
5538+agreement. 4608
5539+(c) Notwithstanding the provisions of chapter 54 of the general 4609
5540+statutes, if an arbitrator finds that a licensee failed to comply with an 4610
5541+order issued by the arbitrator to correct a failure to abide by such 4611
5542+agreement, upon receipt of a written copy of such finding, the 4612
5543+department shall suspend the licensee's license without further 4613
5544+administrative proceedings or formal hearing. 4614
5545+(d) A licensee or bona fide labor organization may commence a civil 4615
5546+action in the Superior Court in the judicial district where the facility 4616
5547+used in the operation of a cannabis establishment is located to enforce 4617
5548+the arbitration award or to lift the license suspension. The license shall 4618
5549+Bill No.
5550+
5551+
5552+
5553+LCO No. 10834 152 of 295
5554+
5555+remain suspended until such time that (1) the arbitrator notifies, or both 4619
5556+of the parties to the arbitration notify, the department that the licensee 4620
5557+is in compliance with the arbitration award; (2) both of the parties to the 4621
5558+arbitration notify the department that they have satisfactorily resolved 4622
5559+their dispute; (3) the court, after hearing, lifts the suspension; or (4) the 4623
5560+court, after hearing, orders alternative remedies, which may include, but 4624
5561+need not be limited to, ordering the department to revoke the license or 4625
5562+ordering the appointment of a receiver to properly dispose of any 4626
5563+cannabis inventory. Except as provided in subsection (e) of this section, 4627
5564+during such time that a license is suspended pursuant to this section, 4628
5565+the licensee may engage in conduct necessary to maintain and secure 4629
5566+the cannabis inventory, but may not sell, transport or transfer cannabis 4630
5567+to another cannabis establishment, consumer or laboratory, unless such 4631
5568+sale or transfer is associated with a voluntary surrender of license and a 4632
5569+cannabis disposition plan approved by the commissioner. 4633
5570+(e) A producer, cultivator or micro-cultivator may sell, transport or 4634
5571+transfer cannabis to a product packager, food or beverage manufacturer, 4635
5572+product manufacturer, dispensary facility or hybrid retailer for the sale 4636
5573+of products to qualified patients or caregivers, which products shall be 4637
5574+labeled "For Medical Use Only". 4638
5575+Sec. 103. (NEW) (Effective July 1, 2021) (a) As used in this section, 4639
5576+"project labor agreement" means an agreement between a subcontractor 4640
5577+or contractor and a cannabis establishment that: (1) Binds all contractors 4641
5578+and subcontractors on the covered project to the project labor agreement 4642
5579+through the inclusion of specifications in all relevant solicitation 4643
5580+provisions and contract documents; (2) allows all contractors and 4644
5581+subcontractors to compete for contracts and subcontracts on the project 4645
5582+without regard to whether they are otherwise parties to collective 4646
5583+bargaining agreements; (3) establishes uniform terms and conditions of 4647
5584+employment for all construction labor employed on the projects; (4) 4648
5585+guarantees against strikes, lockouts and similar job disruptions; (5) sets 4649
5586+forth mutually binding procedures for resolving labor disputes arising 4650
5587+during the project labor agreement; and (6) includes any other 4651
5588+Bill No.
5589+
5590+
5591+
5592+LCO No. 10834 153 of 295
5593+
5594+provisions as negotiated by the parties to promote successful delivery 4652
5595+of the covered project; and "employee organization" means any lawful 4653
5596+association, labor organization, federation or council having as a 4654
5597+primary purpose the improvement of wages, hours and other 4655
5598+conditions of employment for employees of cannabis establishments. 4656
5599+(b) A project for the construction or renovation of any facility for the 4657
5600+operation of a cannabis establishment in an amount of five million 4658
5601+dollars or greater shall be the subject of a project labor agreement 4659
5602+between the contractors and subcontractors of such project and the 4660
5603+cannabis establishment. A contractor, subcontractor or employee 4661
5604+organization may enforce the provisions of this section or seek remedies 4662
5605+for noncompliance with a project labor agreement entered into under 4663
5606+this section by commencing a civil action in the Superior Court in the 4664
5607+judicial district where the cannabis establishment project is located. The 4665
5608+court, after hearing, may order penalties of not more than ten thousand 4666
5609+dollars per day for each violation of the project labor agreement by the 4667
5610+cannabis establishment. A failure of a cannabis establishment to comply 4668
5611+with the provisions of this section shall not be the basis for any 4669
5612+administrative action by the Department of Consumer Protection. 4670
5613+Sec. 104. (NEW) (Effective July 1, 2021) As used in this section, 4671
5614+"hospital" has the same meaning as provided in section 19a-490 of the 4672
5615+general statutes and "cannabis" has the same meaning as provided in 4673
5616+section 1 of this act. No hospital shall be required to allow a patient to 4674
5617+use cannabis while at such hospital. A hospital may have a policy that 4675
5618+sets forth restrictions patients shall follow regarding cannabis use. 4676
5619+Sec. 105. (NEW) (Effective July 1, 2021) Any cannabis establishment 4677
5620+licensee or any servant or agent of a licensee who sells or delivers 4678
5621+cannabis or cannabis paraphernalia to any person under twenty-one 4679
5622+years of age shall be guilty of a class A misdemeanor. For purposes of 4680
5623+this section, "paraphernalia" has the same meaning as provided in 4681
5624+section 1 of this act. 4682
5625+Bill No.
5626+
5627+
5628+
5629+LCO No. 10834 154 of 295
5630+
5631+Sec. 106. (NEW) (Effective July 1, 2021) (a) A cannabis establishment 4683
5632+issued a license pursuant to RERACA or an agent or employee of such 4684
5633+licensee may require any person whose age is in question to have such 4685
5634+person's photograph be taken by, and a photocopy of such person's 4686
5635+driver's license or identity card issued in accordance with the provisions 4687
5636+of section 1-1h of the general statutes be made by, such licensee, agent 4688
5637+or employee as a condition of selling or delivering cannabis or cannabis 4689
5638+products to such person. 4690
5639+(b) No licensee or agent or employee of a licensee shall use a 4691
5640+photograph taken or a photocopy made pursuant to subsection (a) of 4692
5641+this section for a purpose other than the purpose specified in said 4693
5642+subsection. 4694
5643+(c) No licensee or agent or employee of a licensee shall sell or 4695
5644+otherwise disseminate a photograph taken or a photocopy made 4696
5645+pursuant to subsection (a) of this section, or any information derived 4697
5646+from such photograph or photocopy, to any third party for any purpose 4698
5647+including, but not limited to, any marketing, advertising or promotional 4699
5648+activities, except that a licensee or an agent or employee of a licensee 4700
5649+may release such photograph, photocopy or information pursuant to a 4701
5650+court order. 4702
5651+(d) In any prosecution of a licensee or an agent or employee of a 4703
5652+licensee for selling or delivering cannabis to a person under twenty-one 4704
5653+years of age in violation of section 105 of this act, or for providing 4705
5654+cannabis to a person under twenty-one years of age in violation of 4706
5655+section 163 of this act, it shall be an affirmative defense that such 4707
5656+licensee, agent or employee sold or delivered cannabis to such person in 4708
5657+good faith and in reasonable reliance upon the identification presented 4709
5658+by such person and, pursuant to subsection (a) of this section, 4710
5659+photographed the person and made a photocopy of such identification. 4711
5660+In support of such defense, such licensee, agent or employee may 4712
5661+introduce evidence of such photograph and photocopy. 4713
5662+Bill No.
5663+
5664+
5665+
5666+LCO No. 10834 155 of 295
5667+
5668+(e) The Commissioner of Consumer Protection may require a 4714
5669+cannabis establishment to use an online age verification system. 4715
5670+Sec. 107. (NEW) (Effective July 1, 2021) Any person who induces any 4716
5671+person under twenty-one years of age to procure cannabis from any 4717
5672+person licensed to sell such cannabis shall be guilty of a class A 4718
5673+misdemeanor. The provisions of this section shall not apply to (1) the 4719
5674+procurement of cannabis by a person over eighteen years of age who is 4720
5675+an employee registered pursuant to the provisions of section 29 of this 4721
5676+act where such procurement is made in the course of such person's 4722
5677+employment or business, or (2) any such inducement in furtherance of 4723
5678+an official investigation or enforcement activity conducted by a law 4724
5679+enforcement agency. Nothing in this section shall be construed to 4725
5680+prevent any action from being taken against any person permitted to 4726
5681+sell cannabis who has sold cannabis to a person under twenty-one years 4727
5682+of age who is participating in an official investigation or enforcement 4728
5683+activity conducted by a law enforcement agency. 4729
5684+Sec. 108. (NEW) (Effective July 1, 2021) (a) Each person who attains the 4730
5685+age of twenty-one years and has a motor vehicle operator's license or 4731
5686+identity card issued in accordance with the provisions of section 1-1h of 4732
5687+the general statutes, containing a full-face photograph of such person, 4733
5688+may use, and each licensee may accept, such license as legal proof of the 4734
5689+age of the person for the purposes of RERACA. 4735
5690+(b) Any person who, for the purpose of procuring cannabis, 4736
5691+misrepresents his or her age or uses or exhibits an operator's license 4737
5692+belonging to any other person shall for (1) a first offense, be fined not 4738
5693+more than two hundred fifty dollars, and (2) any subsequent offense, be 4739
5694+guilty of a class D misdemeanor. 4740
5695+(c) The provisions of this section shall not apply to any person 4741
5696+employed by, or who has contracted directly or indirectly with, a state 4742
5697+agency for the purposes of testing the age verification and product 4743
5698+controls of cannabis retailers while performing such testing duties. 4744
5699+Bill No.
5700+
5701+
5702+
5703+LCO No. 10834 156 of 295
5704+
5705+Sec. 109. (NEW) (Effective July 1, 2021) (a) No person having 4745
5706+possession of, or exercising dominion and control over, any dwelling 4746
5707+unit or private property shall: (1) Knowingly or recklessly permit any 4747
5708+person under twenty-one years of age to possess cannabis in violation 4748
5709+of section 21-279a of the general statutes, in such dwelling unit or on 4749
5710+such private property, or (2) knowing that any person under twenty-one 4750
5711+years of age possesses cannabis in violation of section 21-279a of the 4751
5712+general statutes, in such dwelling unit or on such private property, fail 4752
5713+to make reasonable efforts to halt such possession. 4753
5714+(b) Any person who violates the provisions of subsection (a) of this 4754
5715+section shall be guilty of a class A misdemeanor. 4755
5716+Sec. 110. (NEW) (Effective July 1, 2021) (a) No retailer or hybrid retailer 4756
5717+or employee or agent of a retailer or hybrid retailer shall permit any 4757
5718+person under twenty-one years of age to loiter on his or her premises 4758
5719+where cannabis is kept for sale or be in any room on such premises 4759
5720+where cannabis is consumed, unless such person is (1) an employee of 4760
5721+the retailer or hybrid retailer, (2) in the case of hybrid retailer or 4761
5722+employee or agent of a hybrid retailer, permitted under chapter 420f of 4762
5723+the general statutes to possess or consume cannabis, or (3) accompanied 4763
5724+by his or her parent or guardian. 4764
5725+(b) Any retailer or hybrid retailer or employee or agent of a retailer 4765
5726+or hybrid retailer who violates the provisions of subsection (a) of this 4766
5727+section shall be (1) fined not more than one thousand dollars for a first 4767
5728+offense, and (2) guilty of a class B misdemeanor for any subsequent 4768
5729+offense. 4769
5730+Sec. 111. Section 30-89a of the general statutes is repealed and the 4770
5731+following is substituted in lieu thereof (Effective July 1, 2021): 4771
5732+(a) No person having possession of, or exercising dominion and 4772
5733+control over, any dwelling unit or private property shall (1) knowingly 4773
5734+[,] or recklessly [or with criminal negligence] permit any minor to 4774
5735+possess alcoholic liquor in violation of subsection (b) of section 30-89 in 4775
5736+Bill No.
5737+
5738+
5739+
5740+LCO No. 10834 157 of 295
5741+
5742+such dwelling unit or on such private property, or (2) knowing that any 4776
5743+minor possesses alcoholic liquor in violation of subsection (b) of section 4777
5744+30-89 in such dwelling unit or on such private property, fail to make 4778
5745+reasonable efforts to halt such possession. For the purposes of this 4779
5746+subsection, "minor" means a person under twenty-one years of age. 4780
5747+(b) Any person who violates the provisions of subsection (a) of this 4781
5748+section shall be guilty of a class A misdemeanor. 4782
5749+Sec. 112. (NEW) (Effective July 1, 2021) (a) A person is guilty of 4783
5750+smoking, otherwise inhaling or ingesting cannabis, as defined in section 4784
5751+1 of this act, while operating a motor vehicle when he or she smokes, 4785
5752+otherwise inhales or ingests cannabis, as defined in section 1 of this act, 4786
5753+while operating a motor vehicle upon a public highway of this state or 4787
5754+upon any road of any specially chartered municipal association or of 4788
5755+any district organized under the provisions of chapter 105 of the general 4789
5756+statutes, a purpose of which is the construction and maintenance of 4790
5757+roads and sidewalks, or in any parking area for ten cars or more, or upon 4791
5758+any private road on which a speed limit has been established in 4792
5759+accordance with the provisions of section 14-218a of the general statutes 4793
5760+or upon any school property. No person shall be convicted of smoking 4794
5761+or otherwise inhaling or ingesting cannabis while operating a motor 4795
5762+vehicle and possessing or having under such person's control a 4796
5763+controlled substance upon the same transaction. A person may be 4797
5764+charged and prosecuted for either or each such offense, a violation of 4798
5765+operating a motor vehicle while under the influence of any drug and 4799
5766+any other applicable offense upon the same information. 4800
5767+(b) Smoking, otherwise inhaling or ingesting cannabis while 4801
5768+operating a motor vehicle is a class C misdemeanor. 4802
5769+(c) No peace officer shall stop a motor vehicle for a violation of this 4803
5770+section if such violation is the sole reason for such stop. 4804
5771+Sec. 113. (NEW) (Effective July 1, 2021) (a) A person is guilty of 4805
5772+Bill No.
5773+
5774+
5775+
5776+LCO No. 10834 158 of 295
5777+
5778+smoking or otherwise inhaling or ingesting cannabis, as defined in 4806
5779+section 1 of this act, in a motor vehicle when he or she smokes or 4807
5780+otherwise inhales or ingests cannabis in a motor vehicle that is being 4808
5781+operated by another person upon a public highway of this state or upon 4809
5782+any road of any specially chartered municipal association or of any 4810
5783+district organized under the provisions of chapter 105 of the general 4811
5784+statutes, a purpose of which is the construction and maintenance of 4812
5785+roads and sidewalks, or in any parking area for ten cars or more, or upon 4813
5786+any private road on which a speed limit has been established in 4814
5787+accordance with the provisions of section 14-218a of the general statutes 4815
5788+or upon any school property. No person shall be convicted of smoking 4816
5789+or otherwise inhaling or ingesting cannabis as a passenger in a motor 4817
5790+vehicle and possessing or having under such person's control a 4818
5791+controlled substance upon the same transaction, but such person may 4819
5792+be charged and prosecuted for both offenses upon the same information. 4820
5793+(b) Smoking or otherwise inhaling or ingesting cannabis in a motor 4821
5794+vehicle is a class D misdemeanor. 4822
5795+(c) No peace officer shall stop a motor vehicle for a violation of this 4823
5796+section if such violation is the sole reason for such stop. 4824
5797+Sec. 114. (NEW) (Effective July 1, 2021) (a) Not later than January 1, 4825
5798+2022, each law enforcement unit shall report to the Police Officer 4826
5799+Standards and Training Council, in the manner specified by the council, 4827
5800+a recommendation as to the minimum number of officers that such law 4828
5801+enforcement unit should have accredited as drug recognition experts in 4829
5802+order to ensure adequate availability of drug recognition experts to 4830
5803+respond to instances of impaired driving, allowing that law enforcement 4831
5804+units may call upon drug recognition experts from other law 4832
5805+enforcement units as necessary and available. Such recommendation 4833
5806+shall be based on data on impaired driving made available to law 4834
5807+enforcement units by the Department of Transportation and any 4835
5808+guidance issued by the council. 4836
5809+Bill No.
5810+
5811+
5812+
5813+LCO No. 10834 159 of 295
5814+
5815+(b) The Police Officer Standards and Training Council, in conjunction 4837
5816+with the Highway Safety Office within the Department of 4838
5817+Transportation, shall determine the minimum number of police officers 4839
5818+to be accredited as drug recognition experts for each law enforcement 4840
5819+unit. In making such determination, the council and office shall consider 4841
5820+the recommendation made by each law enforcement unit pursuant to 4842
5821+subsection (a) of this section. The council and office shall submit the 4843
5822+results of such determination to the Governor and the Secretary of the 4844
5823+Office of Policy and Management not later than July 1, 2022. The council 4845
5824+and office shall update and submit such determination to the Governor 4846
5825+and Secretary of the Office of Policy and Management no less frequently 4847
5826+than once every three years. 4848
5827+(c) Not later than April 1, 2022, the Police Officer Standards and 4849
5828+Training Council shall develop and promulgate a model policy to 4850
5829+ensure that enough police officers become trained drug recognition 4851
5830+experts in each law enforcement unit to meet the minimum number 4852
5831+established in subsection (b) of this section. 4853
5832+(d) Not later than October 1, 2022, each law enforcement unit shall 4854
5833+adopt and maintain a written policy that meets or exceeds the standards 4855
5834+of the model policy developed pursuant to subsection (c) of this section. 4856
5835+(e) Not later than January 1, 2022, the Police Officer Standards and 4857
5836+Training Council and the Highway Safety Office within the Department 4858
5837+of Transportation shall jointly issue a plan to increase access to 4859
5838+advanced roadside impaired driving enforcement training and drug 4860
5839+recognition expert training for police officers and law enforcement units 4861
5840+in the state. The council and office shall update such plan no less 4862
5841+frequently than once every three years. 4863
5842+(f) On and after January 1, 2022, each police officer who has not yet 4864
5843+been recertified pursuant to section 7-294e of the general statutes for the 4865
5844+second time after receiving an initial certification, shall complete 4866
5845+training and receive certification in advanced roadside impaired driving 4867
5846+Bill No.
5847+
5848+
5849+
5850+LCO No. 10834 160 of 295
5851+
5852+enforcement prior to being recertified pursuant to section 7-294e of the 4868
5853+general statutes. 4869
5854+(g) For purposes of this section, "advanced roadside impaired driving 4870
5855+enforcement" means a program developed by the National Highway 4871
5856+Traffic Safety Administration with the International Association of 4872
5857+Chiefs of Police and the Technical Advisory Panel, which focuses on 4873
5858+impaired driving enforcement education for police officers, or any 4874
5859+successor to such program; "drug recognition expert" means a person 4875
5860+certified by the International Association of Chiefs of Police as having 4876
5861+met all requirements of the International Drug Evaluation and 4877
5862+Classification Program; "law enforcement unit" has the same meaning 4878
5863+as provided in section 7-294a of the general statutes; and "Police Officer 4879
5864+Standards and Training Council" means the council established under 4880
5865+section 7-294b of the general statutes. 4881
5866+Sec. 115. Subsection (a) of section 14-111e of the general statutes is 4882
5867+repealed and the following is substituted in lieu thereof (Effective April 4883
5868+1, 2022): 4884
5869+(a) (1) The Commissioner of Motor Vehicles shall suspend, for a 4885
5870+period of one hundred fifty days, the motor vehicle operator's license or 4886
5871+nonresident operating privilege of any person who has been convicted 4887
5872+of a violation of section 30-88a involving the misuse of an operator's 4888
5873+license and who was under the age of twenty-one at the time of such 4889
5874+violation. 4890
5875+(2) The commissioner shall suspend, for a period of sixty days, the 4891
5876+motor vehicle operator's license or nonresident operating privilege of 4892
5877+any person who has been convicted of a violation of subdivision (1) of 4893
5878+subsection (b) of section 30-89 [,] or subsection [(a)] (b), or (c) of section 4894
5879+21a-279a [or subsection (d) of section 21a-267] and who was under the 4895
5880+age of twenty-one at the time of such violation. 4896
5881+(3) The commissioner shall suspend, for a period of thirty days, the 4897
5882+Bill No.
5883+
5884+
5885+
5886+LCO No. 10834 161 of 295
5887+
5888+motor vehicle operator's license or nonresident operating privilege of 4898
5889+any person who has been convicted of a violation of subdivision (2) of 4899
5890+subsection (b) of section 30-89 and who was under the age of twenty-4900
5891+one at the time of such violation. 4901
5892+Sec. 116. Subsections (a) to (e), inclusive, of section 14-227a of the 4902
5893+general statutes are repealed and the following is substituted in lieu 4903
5894+thereof (Effective April 1, 2022): 4904
5895+(a) No person shall operate a motor vehicle while under the influence 4905
5896+of intoxicating liquor or any drug or both. A person commits the offense 4906
5897+of operating a motor vehicle while under the influence of intoxicating 4907
5898+liquor or any drug or both if such person operates a motor vehicle (1) 4908
5899+while under the influence of intoxicating liquor or any drug or both, or 4909
5900+(2) while such person has an elevated blood alcohol content. For the 4910
5901+purposes of this section, "elevated blood alcohol content" means a ratio 4911
5902+of alcohol in the blood of such person that is eight-hundredths of one 4912
5903+per cent or more of alcohol, by weight, except that if such person is 4913
5904+operating a commercial motor vehicle, "elevated blood alcohol content" 4914
5905+means a ratio of alcohol in the blood of such person that is four-4915
5906+hundredths of one per cent or more of alcohol, by weight, and "motor 4916
5907+vehicle" includes a snowmobile and all-terrain vehicle, as those terms 4917
5908+are defined in section 14-379. For purposes of this section, section 14-4918
5909+227b and section 14-227c, (A) "advanced roadside impaired driving 4919
5910+enforcement" means a program developed by the National Highway 4920
5911+Traffic Safety Administration with the International Association of 4921
5912+Chiefs of Police and the Technical Advisory Panel, which focuses on 4922
5913+impaired driving enforcement education for police officers, or any 4923
5914+successor to such program; (B) "drug influence evaluation" means an 4924
5915+evaluation developed by the National Highway Traffic Safety 4925
5916+Administration and the International Association of Chiefs of Police that 4926
5917+is conducted by a drug recognition expert to determine the level of a 4927
5918+person's impairment from the use of drugs and the drug category 4928
5919+causing such impairment; (C) "drug recognition expert" means a person 4929
5920+certified by the International Association of Chiefs of Police as having 4930
5921+Bill No.
5922+
5923+
5924+
5925+LCO No. 10834 162 of 295
5926+
5927+met all requirements of the International Drug Evaluation and 4931
5928+Classification Program; and (D) "nontestimonial portion of a drug 4932
5929+influence evaluation" means a drug influence evaluation conducted by 4933
5930+a drug recognition expert that does not include a verbal interview with 4934
5931+the subject. 4935
5932+(b) Except as provided in subsection (c) of this section, in any criminal 4936
5933+prosecution for violation of subsection (a) of this section, evidence 4937
5934+respecting the amount of alcohol or drug in the defendant's blood or 4938
5935+urine at the time of the alleged offense, as shown by a chemical 4939
5936+[analysis] test of the defendant's breath, blood or urine, shall be 4940
5937+admissible and competent provided: (1) The defendant was afforded a 4941
5938+reasonable opportunity to telephone an attorney prior to the 4942
5939+performance of the test and consented to the taking of the test upon 4943
5940+which such analysis is made; (2) a true copy of the report of the test 4944
5941+result was mailed to or personally delivered to the defendant within 4945
5942+twenty-four hours or by the end of the next regular business day, after 4946
5943+such result was known, whichever is later; (3) the test was performed 4947
5944+by or at the direction of a police officer according to methods and with 4948
5945+equipment approved by the Department of Emergency Services and 4949
5946+Public Protection and was performed in accordance with the regulations 4950
5947+adopted under subsection (d) of this section; (4) the device used for such 4951
5948+test was checked for accuracy in accordance with the regulations 4952
5949+adopted under subsection (d) of this section; (5) an additional chemical 4953
5950+test of the same type was performed at least ten minutes after the initial 4954
5951+test was performed or, if requested by the police officer for reasonable 4955
5952+cause, an additional chemical test of a different type was performed, 4956
5953+including a test to detect the presence of a drug or drugs other than or 4957
5954+in addition to alcohol, provided the results of the initial test shall not be 4958
5955+inadmissible under this subsection if reasonable efforts were made to 4959
5956+have such additional test performed in accordance with the conditions 4960
5957+set forth in this subsection and (A) such additional test was not 4961
5958+performed or was not performed within a reasonable time, or (B) the 4962
5959+results of such additional test are not admissible for failure to meet a 4963
5960+Bill No.
5961+
5962+
5963+
5964+LCO No. 10834 163 of 295
5965+
5966+condition set forth in this subsection; and (6) evidence is presented that 4964
5967+the test was commenced within two hours of operation. In any 4965
5968+prosecution under this section it shall be a rebuttable presumption that 4966
5969+the results of such chemical [analysis] test establish the ratio of alcohol 4967
5970+in the blood of the defendant at the time of the alleged offense, except 4968
5971+that if the results of the additional test indicate that the ratio of alcohol 4969
5972+in the blood of such defendant is ten-hundredths of one per cent or less 4970
5973+of alcohol, by weight, and is higher than the results of the first test, 4971
5974+evidence shall be presented that demonstrates that the test results and 4972
5975+the analysis thereof accurately indicate the blood alcohol content at the 4973
5976+time of the alleged offense. 4974
5977+(c) In any prosecution for a violation of subdivision (1) of subsection 4975
5978+(a) of this section, reliable evidence respecting the amount of alcohol in 4976
5979+the defendant's blood or urine at the time of the alleged offense, as 4977
5980+shown by a chemical analysis of the defendant's blood, breath or urine, 4978
5981+otherwise admissible under subdivision (1) of subsection (b) of this 4979
5982+section, shall be admissible only at the request of the defendant. 4980
5983+(d) The Commissioner of Emergency Services and Public Protection 4981
5984+shall ascertain the reliability of each method and type of device offered 4982
5985+for chemical testing [and analysis purposes] of blood, of breath and of 4983
5986+urine and certify those methods and types which [said] the 4984
5987+commissioner finds suitable for use in testing [and analysis] of blood, 4985
5988+breath and urine, respectively, in this state. The Commissioner of 4986
5989+Emergency Services and Public Protection shall adopt regulations, in 4987
5990+accordance with chapter 54, governing the conduct of chemical tests, the 4988
5991+operation and use of chemical test devices, the training and certification 4989
5992+of operators of such devices and the drawing or obtaining of blood, 4990
5993+breath or urine samples as [said] the commissioner finds necessary to 4991
5994+protect the health and safety of persons who submit to chemical tests 4992
5995+and to insure reasonable accuracy in testing results. Such regulations 4993
5996+shall not require recertification of a police officer solely because such 4994
5997+officer terminates such officer's employment with the law enforcement 4995
5998+agency for which certification was originally issued and commences 4996
5999+Bill No.
6000+
6001+
6002+
6003+LCO No. 10834 164 of 295
6004+
6005+employment with another such agency. 4997
6006+(e) (1) In any criminal prosecution for a violation of subsection (a) of 4998
6007+this section, evidence that the defendant refused to submit to a blood, 4999
6008+breath or urine test or the nontestimonial portion of a drug influence 5000
6009+evaluation requested in accordance with section 14-227b shall be 5001
6010+admissible provided the requirements of subsection (b) of said section 5002
6011+have been satisfied. If a case involving a violation of subsection (a) of 5003
6012+this section is tried to a jury, the court shall instruct the jury as to any 5004
6013+inference that may or may not be drawn from the defendant's refusal to 5005
6014+submit to [a blood, breath or urine test] such a test or evaluation. 5006
6015+(2) In any prosecution for a violation of subdivision (1) of subsection 5007
6016+(a) of this section in which it is alleged that the defendant's operation of 5008
6017+a motor vehicle was impaired, in whole or in part, by consumption of 5009
6018+cannabis, as defined in section 1 of this act, the court may take judicial 5010
6019+notice that the ingestion of cannabis (A) can impair a person's ability to 5011
6020+operate a motor vehicle; (B) can cause impairment of motor function, 5012
6021+reaction time, tracking ability, cognitive attention, decision-making, 5013
6022+judgment, perception, peripheral vision, impulse control or memory; 5014
6023+and (C) does not enhance a person's ability to safely operate a motor 5015
6024+vehicle. 5016
6025+Sec. 117. Subsection (j) of section 14-227a of the general statutes is 5017
6026+repealed and the following is substituted in lieu thereof (Effective April 5018
6027+1, 2022): 5019
6028+(j) In addition to any fine or sentence imposed pursuant to the 5020
6029+provisions of subsection (g) of this section, the court may order such 5021
6030+person to participate in an alcohol education and treatment program or 5022
6031+the pretrial impaired driving intervention program established under 5023
6032+section 167 of this act, if such person was operating a motor vehicle 5024
6033+under the influence of intoxicating liquor or under the influence of both 5025
6034+intoxicating liquor and any drug. 5026
6035+Sec. 118. Section 14-227b of the general statutes is repealed and the 5027
6036+Bill No.
6037+
6038+
6039+
6040+LCO No. 10834 165 of 295
6041+
6042+following is substituted in lieu thereof (Effective April 1, 2022): 5028
6043+(a) Any person who operates a motor vehicle in this state shall be 5029
6044+deemed to have given such person's consent to: [a] (1) A chemical 5030
6045+[analysis] test of such person's blood, breath or urine; [and, if] and (2) a 5031
6046+nontestimonial portion of a drug influence evaluation conducted by a 5032
6047+drug recognition expert. If such person is a minor, such person's parent 5033
6048+or parents or guardian shall also be deemed to have given their consent 5034
6049+for such test or evaluation. 5035
6050+[(b) If any such person, having been placed under arrest for a 5036
6051+violation of section 14-227a or 14-227m or subdivision (1) or (2) of 5037
6052+subsection (a) of section 14-227n, and thereafter, after being apprised of 5038
6053+such person's constitutional rights, having been requested to submit to 5039
6054+a blood, breath or urine test at the option of the police officer, having 5040
6055+been afforded a reasonable opportunity to telephone an attorney prior 5041
6056+to the performance of such test and having been informed that such 5042
6057+person's license or nonresident operating privilege may be suspended 5043
6058+in accordance with the provisions of this section if such person refuses 5044
6059+to submit to such test, or if such person submits to such test and the 5045
6060+results of such test indicate that such person has an elevated blood 5046
6061+alcohol content, and that evidence of any such refusal shall be 5047
6062+admissible in accordance with subsection (e) of section 14-227a and may 5048
6063+be used against such person in any criminal prosecution, refuses to 5049
6064+submit to the designated test, the test shall not be given; provided, if the 5050
6065+person refuses or is unable to submit to a blood test, the police officer 5051
6066+shall designate the breath or urine test as the test to be taken. The police 5052
6067+officer shall make a notation upon the records of the police department 5053
6068+that such officer informed the person that such person's license or 5054
6069+nonresident operating privilege may be suspended if such person 5055
6070+refused to submit to such test or if such person submitted to such test 5056
6071+and the results of such test indicated that such person had an elevated 5057
6072+blood alcohol content.] 5058
6073+(b) (1) A police officer who has placed a person under arrest for a 5059
6074+Bill No.
6075+
6076+
6077+
6078+LCO No. 10834 166 of 295
6079+
6080+violation of section 14-227a, 14-227m or subdivision (1) or (2) of 5060
6081+subsection (a) of section 14-227n may request that such person submit 5061
6082+to a blood, breath or urine test at the option of the police officer, a drug 5062
6083+influence evaluation conducted by a drug recognition expert, or both, 5063
6084+after such person has been (A) apprised of such person's constitutional 5064
6085+rights; (B) afforded a reasonable opportunity to telephone an attorney 5065
6086+prior to the performance of such test or evaluation; (C) informed that 5066
6087+evidence of any refusal to submit to such test or evaluation shall be 5067
6088+admissible in accordance with subsection (e) of section 14-227a and may 5068
6089+be used against such person in any criminal prosecution, except that 5069
6090+refusal to submit to the testimonial portions of a drug influence 5070
6091+evaluation shall not be considered evidence of refusal of such evaluation 5071
6092+for purposes of any criminal prosecution; and (D) informed that such 5072
6093+person's license or operating privilege may be suspended in accordance 5073
6094+with the provisions of this section if (i) such person refuses to submit to 5074
6095+such test or the nontestimonial portion of a drug influence evaluation, 5075
6096+(ii) such person submits to such test and the results of such test indicate 5076
6097+that such person has an elevated blood alcohol content, or (iii) the officer 5077
6098+concludes, through investigation, that such person was operating a 5078
6099+motor vehicle under the influence of intoxicating liquor or any drug, or 5079
6100+both. 5080
6101+(2) If the person refuses to submit to any test or drug influence 5081
6102+evaluation, the test or evaluation shall not be given, except if the person 5082
6103+refuses or is unable to submit to a blood test, the police officer shall 5083
6104+designate another test to be taken. If a person submits to a breath test 5084
6105+and the police officer, for reasonable cause, requests an additional 5085
6106+chemical test of a different type to detect the presence of a drug or drugs 5086
6107+other than or in addition to alcohol, the officer may administer such test, 5087
6108+except that if such person refuses or is unable to submit to a blood test, 5088
6109+the officer shall designate a urine test to be taken. The police officer shall 5089
6110+make a notation upon the records of the law enforcement unit, as 5090
6111+defined in section 7-294a, that such officer informed the person that such 5091
6112+person's license or operating privilege may be suspended if (A) such 5092
6113+Bill No.
6114+
6115+
6116+
6117+LCO No. 10834 167 of 295
6118+
6119+person refused to submit to such test or nontestimonial portion of a drug 5093
6120+influence evaluation; (B) such person submitted to such test and the 5094
6121+results of such test indicated that such person had an elevated blood 5095
6122+alcohol content; or (C) the officer concludes, through investigation, that 5096
6123+such person was operating a motor vehicle under the influence of 5097
6124+intoxicating liquor or any drug, or both. 5098
6125+(c) If the person arrested refuses to submit to such test or [analysis] 5099
6126+nontestimonial portion of a drug influence evaluation or submits to such 5100
6127+test, [or analysis,] commenced within two hours of the time of operation, 5101
6128+and the results of such test [or analysis] indicate that such person has an 5102
6129+elevated blood alcohol content, the police officer, acting on behalf of the 5103
6130+Commissioner of Motor Vehicles, shall immediately revoke and take 5104
6131+possession of the motor vehicle operator's license or, if such person is 5105
6132+not licensed or is a nonresident, suspend the [nonresident] operating 5106
6133+privilege of such person, for a twenty-four-hour period. The police 5107
6134+officer shall prepare a report of the incident and shall mail or otherwise 5108
6135+transmit in accordance with this subsection the report and a copy of the 5109
6136+results of any chemical test [or analysis] to the Department of Motor 5110
6137+Vehicles within three business days. The report shall contain such 5111
6138+information as prescribed by the Commissioner of Motor Vehicles and 5112
6139+shall be subscribed and sworn to under penalty of false statement as 5113
6140+provided in section 53a-157b by the arresting officer. If the person 5114
6141+arrested refused to submit to such test or [analysis] evaluation, the 5115
6142+report shall be endorsed by a third person who witnessed such refusal. 5116
6143+The report shall set forth the grounds for the officer's belief that there 5117
6144+was probable cause to arrest such person for a violation of section 14-5118
6145+227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-5119
6146+227n and shall state that such person had refused to submit to such test 5120
6147+or [analysis] evaluation when requested by such police officer to do so 5121
6148+or that such person submitted to such test, [or analysis,] commenced 5122
6149+within two hours of the time of operation, and the results of such test 5123
6150+[or analysis] indicated that such person had an elevated blood alcohol 5124
6151+content. The Commissioner of Motor Vehicles may accept a police 5125
6152+Bill No.
6153+
6154+
6155+
6156+LCO No. 10834 168 of 295
6157+
6158+report under this subsection that is prepared and transmitted as an 5126
6159+electronic record, including electronic signature or signatures, subject to 5127
6160+such security procedures as the commissioner may specify and in 5128
6161+accordance with the provisions of sections 1-266 to 1-286, inclusive. In 5129
6162+any hearing conducted pursuant to the provisions of subsection (g) of 5130
6163+this section, it shall not be a ground for objection to the admissibility of 5131
6164+a police report that it is an electronic record prepared by electronic 5132
6165+means. 5133
6166+[(d) If the person arrested submits to a blood or urine test at the 5134
6167+request of the police officer, and the specimen requires laboratory 5135
6168+analysis in order to obtain the test results, the police officer shall not take 5136
6169+possession of the motor vehicle operator's license of such person or, 5137
6170+except as provided in this subsection, follow the procedures subsequent 5138
6171+to taking possession of the operator's license as set forth in subsection 5139
6172+(c) of this section. If the test results indicate that such person has an 5140
6173+elevated blood alcohol content, the police officer, immediately upon 5141
6174+receipt of the test results, shall notify the Commissioner of Motor 5142
6175+Vehicles and submit to the commissioner the written report required 5143
6176+pursuant to subsection (c) of this section.] 5144
6177+(d) If a police officer who has placed a person under arrest for a 5145
6178+violation of section 14-227a or 14-227m or subdivision (1) or (2) of 5146
6179+subsection (a) of section 14-227n does not request that such person 5147
6180+submit to a blood, breath or urine test under subsection (b) of this 5148
6181+section, or obtains results from a test administered under subsection (b) 5149
6182+of this section that indicate that the person does not have an elevated 5150
6183+blood alcohol content, such officer shall: 5151
6184+(1) Advise such person that such person's license or operating 5152
6185+privilege may be suspended in accordance with the provisions of this 5153
6186+section if such police officer concludes, through investigation, that such 5154
6187+person was operating a motor vehicle under the influence of 5155
6188+intoxicating liquor or any drug, or both; and 5156
6189+Bill No.
6190+
6191+
6192+
6193+LCO No. 10834 169 of 295
6194+
6195+(2) Submit a report to the commissioner in accordance with the 5157
6196+procedure set forth in subsection (c) of this section and, if such report 5158
6197+contains the results of a blood, breath or urine test that does not show 5159
6198+an elevated blood alcohol content, such report shall conform to the 5160
6199+requirements in subsection (c) of this section for reports that contain 5161
6200+results showing an elevated blood alcohol content. In any report 5162
6201+submitted under this subdivision, the officer shall document (A) the 5163
6202+basis for the officer's belief that there was probable cause to arrest such 5164
6203+person for a violation of section 14-227a or 14-227m or subdivision (1) 5165
6204+or (2) of subsection (a) of section 14-227n, and (B) whether the officer 5166
6205+concluded, through investigation, that the person was operating a 5167
6206+motor vehicle under the influence of intoxicating liquor or any drug, or 5168
6207+both. With such report, the officer may submit other supporting 5169
6208+documentation indicating the person's intoxication by liquor or any 5170
6209+drug, or both. If the officer concludes, through investigation, that the 5171
6210+person was operating a motor vehicle under the influence of 5172
6211+intoxicating liquor or any drug, or both, the officer shall immediately 5173
6212+revoke and take possession of the motor vehicle operator's license or, if 5174
6213+such person is not licensed or is a nonresident, suspend the operating 5175
6214+privilege of such person for a twenty-four-hour period. 5176
6215+(e) (1) Except as provided in subdivision (2) of this subsection, upon 5177
6216+receipt of [such] a report submitted under subsection (c) or (d) of this 5178
6217+section, the [Commissioner of Motor Vehicles] commissioner may 5179
6218+suspend any operator's license or [nonresident] operating privilege of 5180
6219+such person effective as of a date certain, which date certain shall be not 5181
6220+later than thirty days [after] from the later of the date such person 5182
6221+received (A) notice of such person's arrest by the police officer, or (B) the 5183
6222+results of a blood or urine test or a drug influence evaluation. Any 5184
6223+person whose operator's license or [nonresident] operating privilege has 5185
6224+been suspended in accordance with this subdivision shall automatically 5186
6225+be entitled to a hearing before the commissioner to be held in accordance 5187
6226+with the provisions of chapter 54 and prior to the effective date of the 5188
6227+suspension. The commissioner shall send a suspension notice to such 5189
6228+Bill No.
6229+
6230+
6231+
6232+LCO No. 10834 170 of 295
6233+
6234+person informing such person that such person's operator's license or 5190
6235+[nonresident] operating privilege is suspended as of a date certain and 5191
6236+that such person is entitled to a hearing prior to the effective date of the 5192
6237+suspension and may schedule such hearing by contacting the 5193
6238+Department of Motor Vehicles not later than seven days after the date 5194
6239+of mailing of such suspension notice. 5195
6240+(2) [If the person arrested (A) is] Upon receipt of a report that (A) the 5196
6241+person's arrest involved [in] an accident resulting in a fatality, or (B) the 5197
6242+person has previously had such person's operator's license or 5198
6243+[nonresident] operating privilege suspended under the provisions of 5199
6244+section 14-227a, 14-227m or 14-227n during the ten-year period 5200
6245+preceding the present arrest, [upon receipt of such report, the 5201
6246+Commissioner of Motor Vehicles] the commissioner may suspend any 5202
6247+operator's license or [nonresident] operating privilege of such person 5203
6248+effective as of the date specified in a notice of such suspension to such 5204
6249+person. [Any] A person whose operator's license or [nonresident] 5205
6250+operating privilege has been suspended in accordance with this 5206
6251+subdivision shall automatically be entitled to a hearing before the 5207
6252+commissioner, to be held in accordance with the provisions of chapter 5208
6253+54. The commissioner shall send a suspension notice to such person 5209
6254+informing such person that such person's operator's license or 5210
6255+[nonresident] operating privilege is suspended as of the date specified 5211
6256+in such suspension notice, and that such person is entitled to a hearing 5212
6257+and may schedule such hearing by contacting the Department of Motor 5213
6258+Vehicles not later than seven days after the date of mailing of such 5214
6259+suspension notice. Any suspension issued under this subdivision shall 5215
6260+remain in effect until such suspension is affirmed under subsection (f) 5216
6261+of this section or such operator's license or [nonresident] operating 5217
6262+privilege is reinstated in accordance with [subsections (f) and] 5218
6263+subsection (h) of this section. 5219
6264+(f) If such person does not contact the department to schedule a 5220
6265+hearing, the commissioner shall affirm the suspension contained in the 5221
6266+suspension notice for the appropriate period specified in subsection (i) 5222
6267+Bill No.
6268+
6269+
6270+
6271+LCO No. 10834 171 of 295
6272+
6273+of this section. 5223
6274+(g) (1) If such person contacts the department to schedule a hearing, 5224
6275+the department shall assign a date, time and place for the hearing, which 5225
6276+date shall be prior to the effective date of the suspension, except that, 5226
6277+with respect to a person whose operator's license or [nonresident] 5227
6278+operating privilege is suspended in accordance with subdivision (2) of 5228
6279+subsection (e) of this section, such hearing shall be scheduled not later 5229
6280+than thirty days after such person contacts the department. At the 5230
6281+request of such person, the hearing officer or the department and upon 5231
6282+a showing of good cause, the commissioner may grant one or more 5232
6283+continuances. [The hearing] 5233
6284+(2) A hearing based on a report submitted under subsection (c) of this 5234
6285+section shall be limited to a determination of the following issues: [(1)] 5235
6286+(A) Did the police officer have probable cause to arrest the person for 5236
6287+operating a motor vehicle while under the influence of intoxicating 5237
6288+liquor or any drug, or both; [(2)] (B) was such person placed under 5238
6289+arrest; [(3)] (C) did such person (i) refuse to submit to such test or 5239
6290+[analysis or did such person] nontestimonial portion of a drug influence 5240
6291+evaluation, or (ii) submit to such test, [or analysis,] commenced within 5241
6292+two hours of the time of operation, and the results of such test [or 5242
6293+analysis] indicated that such person had an elevated blood alcohol 5243
6294+content; and [(4)] (D) was such person operating the motor vehicle. 5244
6295+(3) A hearing based on a report submitted under subsection (d) of this 5245
6296+section shall be limited to a determination of the following issues: (A) 5246
6297+Did the police officer have probable cause to arrest the person for 5247
6298+operating a motor vehicle while under the influence of intoxicating 5248
6299+liquor or any drug, or both; (B) was such person placed under arrest; (C) 5249
6300+was such person operating a motor vehicle under the influence of 5250
6301+intoxicating liquor or any drug, or both; and (D) was such person 5251
6302+operating the motor vehicle. 5252
6303+(4) In [the] a hearing under this subsection, the results of the test, [or 5253
6304+Bill No.
6305+
6306+
6307+
6308+LCO No. 10834 172 of 295
6309+
6310+analysis] if administered, shall be sufficient to indicate the ratio of 5254
6311+alcohol in the blood of such person at the time of operation, provided 5255
6312+such test was commenced within two hours of the time of operation. 5256
6313+The fees of any witness summoned to appear at [the] a hearing under 5257
6314+this subsection shall be the same as provided by the general statutes for 5258
6315+witnesses in criminal cases. Notwithstanding the provisions of 5259
6316+subsection (a) of section 52-143, any subpoena summoning a police 5260
6317+officer as a witness shall be served not less than seventy-two hours prior 5261
6318+to the designated time of the hearing. 5262
6319+(5) In a hearing based on a report submitted under subsection (d) of 5263
6320+this section, evidence of operation under the influence of intoxicating 5264
6321+liquor or any drug, or both shall be admissible. Such evidence may 5265
6322+include, but need not be limited to, (A) the police officer's observations 5266
6323+of intoxication, as documented in a report submitted to the 5267
6324+commissioner under subsection (d) of this section; (B) the results of any 5268
6325+chemical test administered under this section or a toxicology report 5269
6326+certified by the Division of Scientific Services within the Department of 5270
6327+Emergency Services and Public Protection; (C) hospital or medical 5271
6328+records obtained in accordance with subsection (j) of this section or by 5272
6329+the consent of the operator; (D) the results of any tests conducted by, or 5273
6330+the report of, an officer trained in advanced roadside impaired driving 5274
6331+enforcement; or (E) reports of drug recognition experts. 5275
6332+(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 5276
6333+this section, the commissioner finds in the negative on any one of the 5277
6334+[said] issues [in the negative] specified in subparagraph (A), (B), (C) or 5278
6335+(D) of said subdivision, the commissioner shall reinstate such license or 5279
6336+operating privilege. If, after a hearing under subdivision (3) of 5280
6337+subsection (g) of this section, the commissioner finds in the negative on 5281
6338+any one of the issues specified in subparagraph (A), (B), (C) or (D) of 5282
6339+said subdivision, the commissioner shall reinstate such license or 5283
6340+operating privilege. If, after such hearing under subdivision (2) or (3) of 5284
6341+subsection (g) of this section, the commissioner does not find on any one 5285
6342+of [the] said issues in the negative or if such person fails to appear at 5286
6343+Bill No.
6344+
6345+
6346+
6347+LCO No. 10834 173 of 295
6348+
6349+such hearing, the commissioner shall affirm the suspension contained 5287
6350+in the suspension notice for the appropriate period specified in 5288
6351+subsection (i) of this section. The commissioner shall render a decision 5289
6352+at the conclusion of such hearing and send a notice of the decision by 5290
6353+bulk certified mail to such person. The notice of such decision sent by 5291
6354+bulk certified mail to the address of such person as shown by the records 5292
6355+of the commissioner shall be sufficient notice to such person that such 5293
6356+person's operator's license or [nonresident] operating privilege is 5294
6357+reinstated or suspended, as the case may be. 5295
6358+(i) (1) The commissioner shall suspend the operator's license or 5296
6359+[nonresident] operating privilege of a person who did not contact the 5297
6360+department to schedule a hearing, who failed to appear at a hearing, or 5298
6361+against whom a decision was issued, after a hearing, pursuant to 5299
6362+subsection (h) of this section, as of the effective date contained in the 5300
6363+suspension notice, for a period of forty-five days. As a condition for the 5301
6364+restoration of such operator's license or [nonresident] operating 5302
6365+privilege, such person shall be required to install an ignition interlock 5303
6366+device on each motor vehicle owned or operated by such person and, 5304
6367+upon such restoration, be prohibited from operating a motor vehicle 5305
6368+unless such motor vehicle is equipped with a functioning, approved 5306
6369+ignition interlock device, as defined in section 14-227j, for the longer of 5307
6370+either (A) the period prescribed in subdivision (2) of this subsection for 5308
6371+the present arrest and suspension, or (B) the period prescribed in 5309
6372+subdivision (1), (2) or (3) of subsection (g) of section 14-227a or 5310
6373+subdivision (1), (2) or (3) of subsection (c) of section 14-227m or 5311
6374+subdivision (1) or (2) of subsection (c) of section 14-227n for the present 5312
6375+arrest and conviction, if any. 5313
6376+(2) (A) A person twenty-one years of age or older at the time of the 5314
6377+arrest who submitted to a test [or analysis] and the results of such test 5315
6378+[or analysis] indicated that such person had an elevated blood alcohol 5316
6379+content, or was found to have been operating a motor vehicle under the 5317
6380+influence of intoxicating liquor or any drug, or both based on a report 5318
6381+filed pursuant to subsection (d) of this section, shall install and maintain 5319
6382+Bill No.
6383+
6384+
6385+
6386+LCO No. 10834 174 of 295
6387+
6388+an ignition interlock device for the following periods: (i) For a first 5320
6389+suspension under this section, six months; (ii) for a second suspension 5321
6390+under this section, one year; and (iii) for a third or subsequent 5322
6391+suspension under this section, two years; (B) a person under twenty-one 5323
6392+years of age at the time of the arrest who submitted to a test [or analysis] 5324
6393+and the results of such test [or analysis] indicated that such person had 5325
6394+an elevated blood alcohol content, or was found to have been operating 5326
6395+a motor vehicle under the influence of intoxicating liquor or any drug, 5327
6396+or both based on a report filed pursuant to subsection (d) of this section, 5328
6397+shall install and maintain an ignition interlock device for the following 5329
6398+periods: (i) For a first suspension under this section, one year; (ii) for a 5330
6399+second suspension under this section, two years; and (iii) for a third or 5331
6400+subsequent suspension under this section, three years; and (C) a person, 5332
6401+regardless of age, who refused to submit to a test or [analysis] 5333
6402+nontestimonial portion of a drug influence evaluation shall install and 5334
6403+maintain an ignition interlock device for the following periods: (i) For a 5335
6404+first suspension under this section, one year; (ii) for a second suspension 5336
6405+under this section, two years; and (iii) for a third or subsequent 5337
6406+suspension, under this section, three years. 5338
6407+(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 5339
6408+subsection, a person whose motor vehicle operator's license or 5340
6409+[nonresident] operating privilege has been permanently revoked upon 5341
6410+a third offense pursuant to subsection (g) of section 14-227a or 5342
6411+subsection (c) of section 14-227m shall be subject to the penalties 5343
6412+prescribed in subdivision (2) of subsection (i) of section 14-111. 5344
6413+(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 5345
6414+of this section, any police officer who obtains the results of a [chemical 5346
6415+analysis] test of a blood sample taken from or a urine sample provided 5347
6416+by an operator of a motor vehicle who was involved in an accident and 5348
6417+suffered or allegedly suffered physical injury in such accident, or who 5349
6418+was otherwise deemed by a police officer to require treatment or 5350
6419+observation at a hospital, shall notify the [Commissioner of Motor 5351
6420+Vehicles] commissioner and submit to the commissioner a written 5352
6421+Bill No.
6422+
6423+
6424+
6425+LCO No. 10834 175 of 295
6426+
6427+report if such results indicate that such person had an elevated blood 5353
6428+alcohol content, or any quantity of an intoxicating liquor or any drug, or 5354
6429+both, in such person's blood, and if such person was arrested for 5355
6430+violation of section 14-227a or 14-227m or subdivision (1) or (2) of 5356
6431+subsection (a) of section 14-227n. The report shall be made on a form 5357
6432+approved by the commissioner containing such information as the 5358
6433+commissioner prescribes, and shall be subscribed and sworn to under 5359
6434+penalty of false statement, as provided in section 53a-157b, by the police 5360
6435+officer. The commissioner may, after notice and an opportunity for 5361
6436+hearing, which shall be conducted by a hearing officer on behalf of the 5362
6437+commissioner in accordance with chapter 54, suspend the motor vehicle 5363
6438+operator's license or [nonresident] operating privilege of such person for 5364
6439+the appropriate period of time specified in subsection (i) of this section 5365
6440+and require such person to install and maintain an ignition interlock 5366
6441+device for the appropriate period of time prescribed in subsection (i) of 5367
6442+this section. Each hearing conducted under this subsection shall be 5368
6443+limited to a determination of the following issues: (1) Whether the police 5369
6444+officer had probable cause to arrest the person for operating a motor 5370
6445+vehicle while under the influence of intoxicating liquor or drug, or both; 5371
6446+(2) whether such person was placed under arrest; (3) whether such 5372
6447+person was operating the motor vehicle; (4) whether (A) the results of 5373
6448+the analysis of the blood or urine of such person indicate that such 5374
6449+person had an elevated blood alcohol content, or (B) the person was 5375
6450+operating a motor vehicle under the influence of intoxicating liquor or 5376
6451+any drug, or both; and (5) in the event that a blood sample was taken, 5377
6452+whether the blood sample was obtained in accordance with conditions 5378
6453+for admissibility and competence as evidence as set forth in subsection 5379
6454+(k) of section 14-227a. If, after such hearing, the commissioner finds on 5380
6455+any one of the said issues in the negative, the commissioner shall not 5381
6456+impose a suspension. The fees of any witness summoned to appear at 5382
6457+the hearing shall be the same as provided by the general statutes for 5383
6458+witnesses in criminal cases, as provided in section 52-260. 5384
6459+(k) The provisions of this section shall apply with the same effect to 5385
6460+Bill No.
6461+
6462+
6463+
6464+LCO No. 10834 176 of 295
6465+
6466+the refusal by any person to submit to an additional chemical test as 5386
6467+provided in subparagraph (E) of subdivision [(5)] (1) of subsection (b) 5387
6468+of section 14-227a. 5388
6469+(l) The provisions of this section shall not apply to any person whose 5389
6470+physical condition is such that, according to competent medical advice, 5390
6471+such test would be inadvisable. 5391
6472+(m) The state shall pay the reasonable charges of any physician who, 5392
6473+at the request of a [municipal police department] law enforcement unit, 5393
6474+as defined in section 7-294a, takes a blood sample for purposes of a test 5394
6475+under the provisions of this section. 5395
6476+(n) For the purposes of this section, "elevated blood alcohol content" 5396
6477+means (1) a ratio of alcohol in the blood of such person that is eight-5397
6478+hundredths of one per cent or more of alcohol, by weight, (2) if such 5398
6479+person is operating a commercial motor vehicle, a ratio of alcohol in the 5399
6480+blood of such person that is four-hundredths of one per cent or more of 5400
6481+alcohol, by weight, or (3) if such person is less than twenty-one years of 5401
6482+age, a ratio of alcohol in the blood of such person that is two-hundredths 5402
6483+of one per cent or more of alcohol, by weight. 5403
6484+(o) The Commissioner of Motor Vehicles shall adopt regulations, in 5404
6485+accordance with chapter 54, to implement the provisions of this section. 5405
6486+Sec. 119. Section 14-227c of the general statutes is repealed and the 5406
6487+following is substituted in lieu thereof (Effective April 1, 2022): 5407
6488+(a) As part of the investigation of any motor vehicle accident resulting 5408
6489+in the death of a person, the Chief Medical Examiner, Deputy Chief 5409
6490+Medical Examiner, an associate medical examiner, a pathologist as 5410
6491+specified in section 19a-405, or an authorized assistant medical 5411
6492+examiner, as the case may be, shall order that a blood sample be taken 5412
6493+from the body of any operator or pedestrian who dies as a result of such 5413
6494+accident. Such blood samples shall be examined for the presence and 5414
6495+concentration of alcohol and any drug by the Division of Scientific 5415
6496+Bill No.
6497+
6498+
6499+
6500+LCO No. 10834 177 of 295
6501+
6502+Services within the Department of Emergency Services and Public 5416
6503+Protection or by the Office of the Chief Medical Examiner, or by any 5417
6504+forensic toxicology laboratory pursuant to an agreement with the office. 5418
6505+Nothing in this subsection or section 19a-406 shall be construed as 5419
6506+requiring such medical examiner to perform an autopsy in connection 5420
6507+with obtaining such blood samples. 5421
6508+(b) [A blood or breath sample shall be obtained from any surviving 5422
6509+operator whose motor vehicle is involved in an accident resulting in the 5423
6510+serious physical injury, as defined in section 53a-3, or death of another 5424
6511+person, if] If any surviving operator whose motor vehicle is involved in 5425
6512+an accident resulting in the serious physical injury, as defined in section 5426
6513+53a-3, or death of another person, and (1) a police officer has probable 5427
6514+cause to believe that such operator operated such motor vehicle while 5428
6515+under the influence of intoxicating liquor or any drug, or both, or (2) 5429
6516+such operator has been charged with a motor vehicle violation in 5430
6517+connection with such accident and a police officer has a reasonable and 5431
6518+articulable suspicion that such operator operated such motor vehicle 5432
6519+while under the influence of intoxicating liquor or any drug, or both: 5433
6520+(A) A blood, breath or urine sample shall be obtained from such 5434
6521+surviving operator. The test shall be performed by or at the direction of 5435
6522+a police officer according to methods and with equipment approved by 5436
6523+the Department of Emergency Services and Public Protection and shall 5437
6524+be performed by a person certified or recertified for such purpose by 5438
6525+said department or recertified by persons certified as instructors by the 5439
6526+Commissioner of Emergency Services and Public Protection. The 5440
6527+equipment used for such test shall be checked for accuracy by a person 5441
6528+certified by the Department of Emergency Services and Public 5442
6529+Protection immediately before and after such test is performed. If a 5443
6530+blood test is performed, it shall be on a blood sample taken by a person 5444
6531+licensed to practice medicine and surgery in this state, a qualified 5445
6532+laboratory technician, a registered nurse, a physician assistant or a 5446
6533+phlebotomist. [The blood samples] A blood sample obtained from an 5447
6534+operator pursuant to this subsection shall be examined for the presence 5448
6535+Bill No.
6536+
6537+
6538+
6539+LCO No. 10834 178 of 295
6540+
6541+and concentration of alcohol and any drug by the Division of Scientific 5449
6542+Services within the Department of Emergency Services and Public 5450
6543+Protection; [.] and 5451
6544+(B) A drug recognition expert shall conduct a drug influence 5452
6545+evaluation of such surviving operator, provided such operator is not 5453
6546+seriously injured or otherwise unable to take such evaluation as a result 5454
6547+of the accident. 5455
6548+(c) Each police officer who obtains from a surviving operator any 5456
6549+blood, breath or urine sample or a drug influence evaluation conducted 5457
6550+on such operator pursuant to subsection (b) of this section shall submit 5458
6551+to the Commissioner of Motor Vehicles a written report providing the 5459
6552+results of such sample or evaluation on a form approved by the 5460
6553+commissioner. The commissioner may, after notice and an opportunity 5461
6554+for a hearing held in accordance with chapter 54 and section 14-227b, 5462
6555+suspend the motor vehicle operator's license or operating privilege of 5463
6556+such person and require such person to install and maintain an ignition 5464
6557+interlock device as provided for in subsection (i) of section 14-227b. Such 5465
6558+hearing shall be limited to a determination of the following issues: (1) 5466
6559+Was the person operating the motor vehicle; (2) was the person's sample 5467
6560+obtained in accordance with, or drug influence evaluation conducted 5468
6561+pursuant to, the provisions of subsection (b) of this section; and (3) was 5469
6562+the examined sample found to have an elevated blood alcohol content, 5470
6563+as defined in section 14-227b or was the person operating the motor 5471
6564+vehicle under the influence of intoxicating liquor or any drug, or both. 5472
6565+(d) In any motor vehicle accident resulting in the death of a person, 5473
6566+the law enforcement unit, as defined in section 7-294a, responding to the 5474
6567+accident shall assign an officer trained in advanced roadside impaired 5475
6568+driving enforcement to respond, if such an officer is available. 5476
6569+Sec. 120. Subsection (c) of section 14-44k of the general statutes is 5477
6570+repealed and the following is substituted in lieu thereof (Effective April 5478
6571+1, 2022): 5479
6572+Bill No.
6573+
6574+
6575+
6576+LCO No. 10834 179 of 295
6577+
6578+(c) In addition to any other penalties provided by law, and except as 5480
6579+provided in subsection (d) of this section, a person is disqualified from 5481
6580+operating a commercial motor vehicle for one year if the commissioner 5482
6581+finds that such person (1) has refused to submit to a test to determine 5483
6582+such person's blood alcohol concentration while operating any motor 5484
6583+vehicle [, or has failed such a test when given,] or to a nontestimonial 5485
6584+portion of a drug influence evaluation conducted by a drug recognition 5486
6585+expert, (2) has an elevated blood alcohol content based on such a test 5487
6586+pursuant to section 14-227b, or (3) was found to have been operating 5488
6587+under the influence of intoxicating liquor or any drug, or both based on 5489
6588+a report filed pursuant to the provisions of subsection (d) of section 14-5490
6589+227b or pursuant to the provisions of a law of any other state that is 5491
6590+deemed by the commissioner to be substantially similar to section 14-5492
6591+227b. For the purpose of this subsection, [a person shall be deemed to 5493
6592+have failed such a test if, when driving a commercial motor vehicle, the 5494
6593+ratio of alcohol in the blood of such person was four-hundredths of one 5495
6594+per cent or more of alcohol, by weight, or if, when driving any other 5496
6595+motor vehicle, the ratio of alcohol in the blood of such person was eight-5497
6596+hundredths of one per cent or more of alcohol, by weight] "drug 5498
6597+recognition expert," "elevated blood alcohol content" and 5499
6598+"nontestimonial portion of a drug influence evaluation" have the same 5500
6599+meanings as provided in section 14-227a. 5501
6600+Sec. 121. (NEW) (Effective July 1, 2021) The state Traffic Safety 5502
6601+Resource Prosecutor, in consultation with the Department of 5503
6602+Transportation, the Department of Motor Vehicles, the state-wide drug 5504
6603+recognition expert coordinator, and the Connecticut Police Chiefs 5505
6604+Association, shall seek any guidance available from the National 5506
6605+Highway Traffic Safety Administration, and shall (1) develop 5507
6606+educational materials and programs about the drug recognition expert 5508
6607+program and drug influence evaluations, and (2) make such materials 5509
6608+and programs available to the Judicial Branch and the Connecticut 5510
6609+Judges Association. 5511
6610+Sec. 122. Section 15-140q of the general statutes is repealed and the 5512
6611+Bill No.
6612+
6613+
6614+
6615+LCO No. 10834 180 of 295
6616+
6617+following is substituted in lieu thereof (Effective April 1, 2022): 5513
6618+(a) Any person who operates a vessel in this state shall be deemed to 5514
6619+have consented to (1) a chemical [analysis] test of such person's blood, 5515
6620+breath or urine, [and if] and (2) a nontestimonial portion of a drug 5516
6621+influence evaluation conducted by a drug recognition expert. If such 5517
6622+person is a minor, such person's parent or parents or guardian shall also 5518
6623+be deemed to have given their consent for such [an analysis of the 5519
6624+minor's blood, breath or urine] test or evaluation. 5520
6625+[(b) If any such person, having been placed under arrest for: (1) 5521
6626+Violating subsection (b) of section 53-206d; (2) operating a vessel upon 5522
6627+the waters of this state while under the influence of intoxicating liquor 5523
6628+or any drug, or both; (3) operating a vessel upon the waters of this state 5524
6629+while such person has an elevated blood alcohol content, and thereafter, 5525
6630+after being apprised of such person's constitutional rights, having been 5526
6631+requested to submit to a blood, breath or urine test at the option of the 5527
6632+police officer, having been afforded a reasonable opportunity to 5528
6633+telephone an attorney prior to the performance of such test and having 5529
6634+been informed that such person's safe boating certificate, right to 5530
6635+operate a vessel that requires a safe boating certificate for operation or 5531
6636+certificate of personal watercraft operation issued by the commissioner 5532
6637+as a condition of operating a vessel shall be suspended in accordance 5533
6638+with the provisions of this section if such person refuses to submit to 5534
6639+such test or if such person submits to such test and the results of such 5535
6640+test indicate that such person has an elevated blood alcohol content and 5536
6641+that evidence of any such refusal shall be admissible in accordance with 5537
6642+subsection (d) of section 15-140r, and may be used against such person 5538
6643+in any criminal prosecution, refuses to submit to the designated test, the 5539
6644+test shall not be given; provided, if such person refuses or is unable to 5540
6645+submit to a blood test, the peace officer shall designate the breath or 5541
6646+urine test as the test to be taken. The peace officer shall make a notation 5542
6647+upon the records of the police department that such officer informed 5543
6648+such person that such person's safe boating certificate, right to operate 5544
6649+a vessel that requires a safe boating certificate for operation or certificate 5545
6650+Bill No.
6651+
6652+
6653+
6654+LCO No. 10834 181 of 295
6655+
6656+of personal watercraft operation would be suspended if such person 5546
6657+refused to submit to such test or if such person submitted to such test 5547
6658+and the results of such test indicated that such person has an elevated 5548
6659+blood alcohol content.] 5549
6660+(b) (1) A peace officer who has placed a person under arrest for 5550
6661+violating subsection (b) of section 53-206d; operating a vessel upon the 5551
6662+waters of this state while under the influence of intoxicating liquor or 5552
6663+any drug, or both; or operating a vessel upon the waters of this state 5553
6664+while such person has an elevated blood alcohol content, may request 5554
6665+that such person submit to a blood, breath or urine test at the option of 5555
6666+the peace officer, a drug influence evaluation conducted by a drug 5556
6667+recognition expert, or both, after such person has been (A) apprised of 5557
6668+such person's constitutional rights, (B) afforded a reasonable 5558
6669+opportunity to telephone an attorney prior to the performance of such 5559
6670+test or evaluation, (C) informed that evidence of any refusal to submit 5560
6671+to such test or evaluation shall be admissible in accordance with 5561
6672+subsection (d) of section 15-140r and may be used against such person 5562
6673+in any criminal prosecution, except that refusal to submit to the 5563
6674+testimonial portions of a drug influence evaluation shall not be 5564
6675+considered evidence of refusal of such evaluation for purposes of any 5565
6676+criminal prosecution, and (D) informed that such person's safe boating 5566
6677+certificate, right to operate a vessel that requires a safe boating certificate 5567
6678+for operation or certificate of personal watercraft operation issued by 5568
6679+the commissioner as a condition of operating a vessel may be suspended 5569
6680+in accordance with the provisions of this section if (i) such person 5570
6681+refuses to submit to such test or nontestimonial portion of a drug 5571
6682+influence evaluation, (ii) such person submits to such test and the results 5572
6683+of such test indicate that such person has an elevated blood alcohol 5573
6684+content, or (iii) the officer concludes, through investigation, that such 5574
6685+person was operating a vessel under the influence of intoxicating liquor 5575
6686+or any drug, or both. 5576
6687+(2) If the person refuses to submit to any test or drug influence 5577
6688+evaluation, the test or evaluation shall not be given, except that if the 5578
6689+Bill No.
6690+
6691+
6692+
6693+LCO No. 10834 182 of 295
6694+
6695+person refuses or is unable to submit to a blood test, the peace officer 5579
6696+shall designate another test to be taken. If the person submits to a breath 5580
6697+test and the peace officer, for reasonable cause, requests an additional 5581
6698+chemical test of a different type to detect the presence of a drug or drugs 5582
6699+other than or in addition to alcohol, the peace officer may administer 5583
6700+such test, except that if the person refuses or is unable to submit to a 5584
6701+blood test, the peace officer shall designate a urine test to be taken. The 5585
6702+peace officer shall make a notation upon the records of the law 5586
6703+enforcement unit, as defined in section 7-294a, that such officer 5587
6704+informed the person that such person's safe boating certificate, right to 5588
6705+operate a vessel that requires a safe boating certificate for operation or 5589
6706+certificate of personal watercraft operation may be suspended if such 5590
6707+person (A) refused to submit to such test or the nontestimonial portion 5591
6708+of a drug influence evaluation; (B) submitted to such test and the results 5592
6709+of such test indicated that such person had an elevated blood alcohol 5593
6710+content; or (C) the officer concludes, through investigation, that such 5594
6711+person was operating a vessel under the influence of intoxicating liquor 5595
6712+or any drug, or both. 5596
6713+(c) If the person arrested refuses to submit to such test or [analysis] 5597
6714+nontestimonial portion of a drug influence evaluation, or submits to 5598
6715+such test [or analysis] and the results of such test [or analysis] indicate 5599
6716+that at the time of the alleged offense such person had an elevated blood 5600
6717+alcohol content, the peace officer shall immediately revoke the safe 5601
6718+boating certificate, right to operate a vessel that requires a safe boating 5602
6719+certificate for operation or certificate of personal watercraft operation, if 5603
6720+any, of such person for a twenty-four-hour period. The peace officer 5604
6721+shall prepare a written report of the incident and shall mail the report, 5605
6722+together with any certificate taken into possession and a copy of the 5606
6723+results of any chemical test, [or analysis,] to the commissioner within 5607
6724+three business days. The report shall be made on a form approved by 5608
6725+the commissioner and shall be subscribed and sworn to under penalty 5609
6726+of false statement as provided in section 53a-157b by the peace officer 5610
6727+before whom such refusal was made or who administered or caused to 5611
6728+Bill No.
6729+
6730+
6731+
6732+LCO No. 10834 183 of 295
6733+
6734+be administered such test. [or analysis.] If the person arrested refused to 5612
6735+submit to such test or [analysis] evaluation, the report shall be endorsed 5613
6736+by a third person who witnessed such refusal. The report shall set forth 5614
6737+the grounds for the officer's belief that there was probable cause to arrest 5615
6738+such person for operating such vessel while under the influence of 5616
6739+intoxicating liquor or any drug, or both, or while such person has an 5617
6740+elevated blood alcohol content and shall state that such person refused 5618
6741+to submit to such test or [analysis] evaluation when requested by such 5619
6742+peace officer or that such person submitted to such test [or analysis] and 5620
6743+the results of such test [or analysis] indicated that such person at the 5621
6744+time of the alleged offense had an elevated blood alcohol content. 5622
6745+[(d) If the person arrested submits to a blood or urine test at the 5623
6746+request of the peace officer, and the specimen requires laboratory 5624
6747+analysis in order to obtain the test results, and if the test results indicate 5625
6748+that such person has an elevated blood alcohol content, the peace officer, 5626
6749+immediately upon receipt of the test results, shall notify and submit to 5627
6750+the commissioner the written report required pursuant to subsection (c) 5628
6751+of this section.] 5629
6752+(d) If a peace officer has placed a person under arrest for violating 5630
6753+subsection (b) of section 53-206d; operating a vessel upon the waters of 5631
6754+this state while under the influence of intoxicating liquor or any drug, 5632
6755+or both; or operating a vessel upon the waters of this state while such 5633
6756+person has an elevated blood alcohol content and does not request that 5634
6757+such person submit to a blood, breath or urine test under subsection (b) 5635
6758+of this section, or obtains test results from a test administered under 5636
6759+subsection (b) of this section that indicate that the person does not have 5637
6760+an elevated blood alcohol content, such officer shall: 5638
6761+(1) Advise such person that such person's safe boating certificate, 5639
6762+right to operate a vessel that requires a safe boating certificate for 5640
6763+operation or certificate of personal watercraft operation issued by the 5641
6764+commissioner as a condition of operating a vessel may be suspended in 5642
6765+accordance with the provisions of this section if such officer concludes, 5643
6766+Bill No.
6767+
6768+
6769+
6770+LCO No. 10834 184 of 295
6771+
6772+through a police investigation, that such person was operating a vessel 5644
6773+under the influence of intoxicating liquor or any drug, or both; and 5645
6774+(2) Submit a report to the commissioner in accordance with the 5646
6775+procedure set forth in subsection (c) of this section and, if such report 5647
6776+contains the results of a blood, breath or urine test that does not show 5648
6777+an elevated blood alcohol content, such report shall conform to the 5649
6778+requirements in subsection (c) of this section for reports that contain 5650
6779+results showing an elevated blood alcohol content. In any report 5651
6780+submitted under this subdivision, the officer shall document (A) the 5652
6781+basis for the officer's belief that there was probable cause to arrest such 5653
6782+person for a violation of subsection (b) of section 53-206d; operating a 5654
6783+vessel upon the waters of this state while under the influence of 5655
6784+intoxicating liquor or any drug, or both; or operating a vessel upon the 5656
6785+waters of this state while such person has an elevated blood alcohol 5657
6786+content, and (B) whether the officer concludes, through investigation, 5658
6787+that the person was operating a vessel under the influence of 5659
6788+intoxicating liquor or any drug, or both. With such report, the officer 5660
6789+may submit other supporting documentation indicating the person's 5661
6790+intoxication by liquor or any drug, or both. If the officer concludes, 5662
6791+through investigation, that the person was operating a vessel under the 5663
6792+influence of intoxicating liquor or any drug, or both, the officer shall 5664
6793+immediately revoke and take possession of the person's safe boating 5665
6794+certificate, right to operate a vessel that requires a safe boating certificate 5666
6795+for operation or certificate of personal watercraft operation issued by 5667
6796+the commissioner as a condition of operating a vessel, for a twenty-four-5668
6797+hour period. 5669
6798+(e) Upon receipt of [such] a report submitted under subsection (c) or 5670
6799+(d) of this section, the commissioner shall suspend the safe boating 5671
6800+certificate, right to operate a vessel that requires a safe boating certificate 5672
6801+for operation or certificate of personal watercraft operation of such 5673
6802+person effective as of a date certain, and such date certain shall be no 5674
6803+later than thirty-five days [after] from the later of the date such person 5675
6804+received (1) notice of such person's arrest by the peace officer, or (2) the 5676
6805+Bill No.
6806+
6807+
6808+
6809+LCO No. 10834 185 of 295
6810+
6811+results of a blood or urine test or a drug influence evaluation. Any 5677
6812+person whose safe boating certificate, right to operate a vessel that 5678
6813+requires a safe boating certificate for operation or certificate of personal 5679
6814+watercraft operation is suspended in accordance with this subsection 5680
6815+shall be entitled to a hearing before the commissioner to be held prior to 5681
6816+the effective date of the suspension. The commissioner shall send a 5682
6817+suspension notice to such person informing such person that such 5683
6818+person's safe boating certificate, right to operate a vessel that requires a 5684
6819+safe boating certificate for operation or certificate of personal watercraft 5685
6820+operation is suspended and shall specify the date of such suspension 5686
6821+and that such person is entitled to a hearing prior to the effective date of 5687
6822+the suspension and may schedule such hearing by contacting the 5688
6823+commissioner not later than seven days after the date of mailing of such 5689
6824+suspension notice. 5690
6825+(f) If such person does not contact the department to schedule a 5691
6826+hearing, the commissioner shall affirm the suspension contained in the 5692
6827+suspension notice for the appropriate period specified in subsection (i) 5693
6828+of this section. 5694
6829+(g) (1) If such person contacts the department to schedule a hearing, 5695
6830+the commissioner shall assign a date, time and place for the hearing, 5696
6831+which date shall be prior to the effective date of the suspension. At the 5697
6832+request of such person and upon a showing of good cause, the 5698
6833+commissioner may grant one continuance for a period not to exceed 5699
6834+thirty days. [The hearing] 5700
6835+(2) A hearing based on a report submitted under subsection (c) of this 5701
6836+section shall be limited to a determination of the following issues: [(1)] 5702
6837+(A) Whether the peace officer had probable cause to arrest the person 5703
6838+for operating the vessel while under the influence of intoxicating liquor 5704
6839+or drugs, or both, or while such person has an elevated blood alcohol 5705
6840+content; [(2)] (B) whether such person was placed under arrest; [(3)] (C) 5706
6841+whether such person [(A)] (i) refused to submit to such test or [analysis] 5707
6842+nontestimonial portion of a drug influence evaluation, or [(B)] (ii) 5708
6843+Bill No.
6844+
6845+
6846+
6847+LCO No. 10834 186 of 295
6848+
6849+submitted to such test [or analysis] and the results of such test [or 5709
6850+analysis] indicated that at the time of the alleged offense that such 5710
6851+person had an elevated blood alcohol content; and [(4)] (D) whether 5711
6852+such person was operating the vessel. 5712
6853+(3) A hearing based on a report submitted under subsection (d) of this 5713
6854+section shall be limited to a determination of the following issues: (A) 5714
6855+Whether the peace officer had probable cause to arrest the person for 5715
6856+operating a vessel while under the influence of intoxicating liquor or 5716
6857+drugs, or both, or while such person has an elevated blood alcohol 5717
6858+content; (B) whether such person was placed under arrest; (C) whether 5718
6859+such person was operating a vessel under the influence of intoxicating 5719
6860+liquor or any drug, or both; and (D) whether such person was operating 5720
6861+the vessel. 5721
6862+(4) At [the] a hearing held under this subsection, the results of the 5722
6863+test, [or analysis] if administered, shall be sufficient to indicate the ratio 5723
6864+of alcohol in the blood of such person at the time of operation, except 5724
6865+that if the results of an additional test, administered pursuant to section 5725
6866+15-140r, indicate that the ratio of alcohol in the blood of such person is 5726
6867+eight-hundredths of one per cent or less of alcohol, by weight, and is 5727
6868+higher than the results of the first test, evidence shall be presented that 5728
6869+demonstrates that the test results and analysis thereof accurately 5729
6870+indicate the blood alcohol content at the time of operation. The fees of 5730
6871+any witness summoned to appear at [the] a hearing under this 5731
6872+subsection shall be the same as provided in section 52-260. 5732
6873+(5) In a hearing based on a report submitted under subsection (d) of 5733
6874+this section, evidence of operation under the influence of intoxicating 5734
6875+liquor or any drug, or both shall be admissible. Such evidence may 5735
6876+include, but need not be limited to, (A) the peace officer's observations 5736
6877+of intoxication, as documented in a report submitted to the 5737
6878+commissioner under subsection (d) of this section; (B) the results of any 5738
6879+chemical test administered under this section or a toxicology report 5739
6880+certified by the Division of Scientific Services within the Department of 5740
6881+Bill No.
6882+
6883+
6884+
6885+LCO No. 10834 187 of 295
6886+
6887+Emergency Services and Public Protection; (C) hospital or medical 5741
6888+records obtained in accordance with subsection (j) of this section or by 5742
6889+the consent of the operator; or (D) reports of drug recognition experts. 5743
6890+(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 5744
6891+this section, the commissioner finds in the negative on any one of [said] 5745
6892+the issues specified in [the negative] subparagraph (A), (B), (C) or (D) of 5746
6893+said subdivision, the commissioner shall stay the safe boating certificate, 5747
6894+right to operate a vessel that requires a safe boating certificate for 5748
6895+operation or certificate of personal watercraft operation suspension. If, 5749
6896+after a hearing under subdivision (3) of subsection (g) of this section, the 5750
6897+commissioner finds in the negative on any one of the issues specified in 5751
6898+subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 5752
6899+shall stay the safe boating certificate, right to operate a vessel that 5753
6900+requires a safe boating certificate for operation or certificate of personal 5754
6901+watercraft operation suspension. If, after such hearing under 5755
6902+subdivision (2) or (3) of subsection (g) of this section, the commissioner 5756
6903+does not find on any one of said issues in the negative or if such person 5757
6904+fails to appear at such hearing, the commissioner shall affirm the 5758
6905+suspension contained in the suspension notice for the appropriate 5759
6906+period specified in subsection (i) of this section. The commissioner shall 5760
6907+render a decision at the conclusion of such hearing or send a notice of 5761
6908+the decision by certified mail to such person not later than thirty-five 5762
6909+days from the date of notice of such person's arrest by the peace officer 5763
6910+or, if a continuance is granted, not later than sixty-five days from the 5764
6911+date such person received notice of such person's arrest by the peace 5765
6912+officer. The notice of such decision sent by certified mail to the address 5766
6913+of such person as shown by the records of the commissioner shall be 5767
6914+sufficient notice to such person that such person's safe boating 5768
6915+certificate, right to operate a vessel that requires a safe boating certificate 5769
6916+for operation or certificate of personal watercraft operation is suspended 5770
6917+or the suspension is stayed. Unless a continuance of the hearing is 5771
6918+granted pursuant to subsection (g) of this section, if the commissioner 5772
6919+fails to render a decision within thirty-five days from the date that such 5773
6920+Bill No.
6921+
6922+
6923+
6924+LCO No. 10834 188 of 295
6925+
6926+person received notice of such person's arrest by the peace officer, the 5774
6927+commissioner shall not suspend such person's safe boating certificate, 5775
6928+right to operate a vessel that requires a safe boating certificate for 5776
6929+operation or certificate of personal watercraft operation. 5777
6930+(i) The commissioner shall suspend the operator's safe boating 5778
6931+certificate, right to operate a vessel that requires a safe boating certificate 5779
6932+for operation or certificate of personal watercraft operation of a person 5780
6933+who does not contact the department to schedule a hearing under 5781
6934+subsection (e) of this section, who fails to appear at such hearing, or 5782
6935+against whom, after a hearing, the commissioner holds pursuant to 5783
6936+subsection (g) of this section. Such suspension shall be as of the effective 5784
6937+date contained in the suspension notice or the date the commissioner 5785
6938+renders a decision, whichever is later, for a period of: (1) (A) Except as 5786
6939+provided in subparagraph (B) of this subdivision, ninety days if such 5787
6940+person submitted to a test [or analysis] and the results of such test [or 5788
6941+analysis] indicated that at the time of the alleged offense that such 5789
6942+person had an elevated blood alcohol content, or such person was found 5790
6943+to have been operating a vessel under the influence of intoxicating 5791
6944+liquor or any drug, or both, based on a report filed pursuant to 5792
6945+subsection (d) of this section, or (B) one hundred twenty days if such 5793
6946+person submitted to a test [or analysis] and the results of such test [or 5794
6947+analysis] indicated that the ratio of alcohol in the blood of such person 5795
6948+was sixteen-hundredths of one per cent or more of alcohol, by weight, 5796
6949+or (C) six months if such person refused to submit to such test; [or 5797
6950+analysis;] (2) if such person has previously had such person's safe 5798
6951+boating certificate, right to operate a vessel that requires a safe boating 5799
6952+certificate for operation or certificate of personal watercraft operation 5800
6953+suspended under this section, (A) except as provided in subparagraph 5801
6954+(B) of this subdivision, nine months if such person submitted to a test 5802
6955+[or analysis] and the results of such test [or analysis] indicated that at 5803
6956+the time of the alleged offense that such person had an elevated blood 5804
6957+alcohol content, or such person was found to have been operating a 5805
6958+vessel under the influence of intoxicating liquor or any drug, or both, 5806
6959+Bill No.
6960+
6961+
6962+
6963+LCO No. 10834 189 of 295
6964+
6965+based on a report filed pursuant to subsection (d) of this section, (B) ten 5807
6966+months if such person submitted to a test [or analysis] and the results of 5808
6967+such test [or analysis] indicated that the ratio of alcohol in the blood of 5809
6968+such person was sixteen-hundredths of one per cent or more of alcohol, 5810
6969+by weight, and (C) one year if such person refused to submit to such 5811
6970+test; [or analysis;] and (3) if such person has two or more times 5812
6971+previously had such person's safe boating certificate, right to operate a 5813
6972+vessel that requires a safe boating certificate for operation or certificate 5814
6973+of personal watercraft operation suspended under this section, (A) 5815
6974+except as provided in subparagraph (B) of this subdivision, two years if 5816
6975+such person submitted to a test [or analysis] and the results of such test 5817
6976+[or analysis] indicated that at the time of the alleged offense that such 5818
6977+person had an elevated blood alcohol content, or such person was found 5819
6978+to have been operating a vessel under the influence of intoxicating 5820
6979+liquor or any drug, or both, based on a report filed pursuant to 5821
6980+subsection (d) of this section, (B) two and one-half years if such person 5822
6981+submitted to a test [or analysis] and the results of such test [or analysis] 5823
6982+indicated that the ratio of alcohol in the blood of such person was 5824
6983+sixteen-hundredths of one per cent or more of alcohol, by weight, and 5825
6984+(C) three years if such person refused to submit to such test. [or 5826
6985+analysis.] 5827
6986+(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 5828
6987+of this section, any peace officer who obtains the results of a chemical 5829
6988+analysis of a blood sample taken from an operator of a vessel involved 5830
6989+in an accident who suffered or allegedly suffered physical injury in such 5831
6990+accident shall notify the commissioner and submit to the commissioner 5832
6991+a written report if such results indicate that at the time of the alleged 5833
6992+offense such person had an elevated blood alcohol content, or any 5834
6993+quantity of an intoxicating liquor or any drug, or both, in such person's 5835
6994+blood, and if such person was arrested for a violation of section 15-132a, 5836
6995+subsection (d) of section 15-133 or section 15-140l or 15-140n in 5837
6996+connection with such accident. The report shall be made on a form 5838
6997+approved by the commissioner containing such information as the 5839
6998+Bill No.
6999+
7000+
7001+
7002+LCO No. 10834 190 of 295
7003+
7004+commissioner prescribes and shall be subscribed and sworn under 5840
7005+penalty of false statement, as provided in section 53a-157b, by the peace 5841
7006+officer. The commissioner shall, after notice and an opportunity for 5842
7007+hearing, which shall be conducted in accordance with chapter 54, 5843
7008+suspend the safe boating certificate, right to operate a vessel that 5844
7009+requires a safe boating certificate for operation or certificate of personal 5845
7010+watercraft operation of such person for a period of up to ninety days, 5846
7011+or, if such person has previously had such person's operating privilege 5847
7012+suspended under this section, for a period up to one year. Each hearing 5848
7013+conducted under this section shall be limited to a determination of the 5849
7014+following issues: (1) Whether the peace officer had probable cause to 5850
7015+arrest the person for operating a vessel while under the influence of 5851
7016+intoxicating liquor or drugs, or both, or while such person has an 5852
7017+elevated blood alcohol content; (2) whether such person was placed 5853
7018+under arrest; (3) whether such person was operating the vessel; (4) 5854
7019+whether (A) the results of the analysis of the blood of such person 5855
7020+indicate that such person had an elevated blood alcohol content, or (B) 5856
7021+the person was operating a vessel under the influence of intoxicating 5857
7022+liquor or any drug, or both; and (5) whether the blood sample was 5858
7023+obtained in accordance with conditions for admissibility as set forth in 5859
7024+section 15-140s. If, after such hearing, the commissioner finds on any 5860
7025+issue in the negative, the commissioner shall not impose a suspension. 5861
7026+The fees of any witness summoned to appear at the hearing shall be the 5862
7027+same as provided by the general statutes for witnesses in criminal cases. 5863
7028+(k) The provisions of this section shall apply with the same effect to 5864
7029+the refusal by any person to submit to an additional chemical test as 5865
7030+provided in [subdivision (5)] subparagraph (E) of subdivision (1) of 5866
7031+subsection (a) of section 15-140r. 5867
7032+(l) The provisions of this section do not apply to any person whose 5868
7033+physical condition is such that, according to competent medical advice, 5869
7034+such test would be inadvisable. 5870
7035+(m) The state shall pay the reasonable charges of any physician who, 5871
7036+Bill No.
7037+
7038+
7039+
7040+LCO No. 10834 191 of 295
7041+
7042+at the request of a [municipal police department] law enforcement unit, 5872
7043+as defined in section 7-294a, takes a blood sample for purposes of a test 5873
7044+under the provisions of this section. 5874
7045+(n) For the purposes of this section, "elevated blood alcohol content" 5875
7046+means: (1) A ratio of alcohol in the blood of such person that is eight-5876
7047+hundredths of one per cent or more of alcohol, by weight, or (2) if such 5877
7048+person is under twenty-one years of age, a ratio of alcohol in the blood 5878
7049+of such person that is two-hundredths of one per cent or more of alcohol, 5879
7050+by weight. 5880
7051+(o) The commissioner may adopt regulations, in accordance with 5881
7052+chapter 54, to implement the provisions of this section. 5882
7053+(p) For purposes of this section and section 15-140r, (1) "drug 5883
7054+influence evaluation" means an evaluation developed by the National 5884
7055+Highway Traffic Safety Administration and the International 5885
7056+Association of Chiefs of Police that is conducted by a drug recognition 5886
7057+expert to determine the level of a person's impairment from the use of 5887
7058+drugs and the drug category causing such impairment; (2) "drug 5888
7059+recognition expert" means a person certified by the International 5889
7060+Association of Chiefs of Police as having met all requirements of the 5890
7061+International Drug Evaluation and Classification Program; and (3) 5891
7062+"nontestimonial portion of a drug influence evaluation" means a drug 5892
7063+influence evaluation conducted by a drug recognition expert that does 5893
7064+not include a verbal interview with the subject. 5894
7065+Sec. 123. Section 15-140r of the general statutes is repealed and the 5895
7066+following is substituted in lieu thereof (Effective April 1, 2022): 5896
7067+(a) Except as provided in section 15-140s or subsection (d) of this 5897
7068+section, in any criminal prosecution for the violation of section 15-132a, 5898
7069+subsection (d) of section 15-133, section 15-140l or 15-140n or subsection 5899
7070+(b) of section 53-206d, evidence respecting the amount of alcohol or drug 5900
7071+in the defendant's blood or urine at the time of the alleged offense, as 5901
7072+shown by a chemical [analysis] test of the defendant's breath, blood or 5902
7073+Bill No.
7074+
7075+
7076+
7077+LCO No. 10834 192 of 295
7078+
7079+urine shall be admissible and competent provided: (1) The defendant 5903
7080+was afforded a reasonable opportunity to telephone an attorney prior to 5904
7081+the performance of the test and consented to the taking of the test upon 5905
7082+which such analysis is made; (2) a true copy of the report of the test 5906
7083+result was mailed to or personally delivered to the defendant within 5907
7084+twenty-four hours or by the end of the next regular business day, after 5908
7085+such result was known, whichever is later; (3) the test was performed 5909
7086+by or at the direction of a certified law enforcement officer according to 5910
7087+methods and with equipment approved by the Department of 5911
7088+Emergency Services and Public Protection, and if a blood test was 5912
7089+performed, it was performed on a blood sample taken by a person 5913
7090+licensed to practice medicine and surgery in this state, a qualified 5914
7091+laboratory technician, an emergency medical technician II or a 5915
7092+registered nurse in accordance with the regulations adopted under 5916
7093+subsection (b) of this section; (4) the device used for such test was 5917
7094+checked for accuracy in accordance with the regulations adopted under 5918
7095+subsection (b) of this section; (5) an additional chemical test of the same 5919
7096+type was performed at least ten minutes after the initial test was 5920
7097+performed or, if requested by the peace officer for reasonable cause, an 5921
7098+additional chemical test of a different type was performed, including a 5922
7099+test to detect the presence of a drug or drugs other than or in addition 5923
7100+to alcohol, except that the results of the initial test shall not be 5924
7101+inadmissible under this subsection if reasonable efforts were made to 5925
7102+have such additional test performed in accordance with the conditions 5926
7103+set forth in this subsection and (A) such additional test was not 5927
7104+performed or was not performed within a reasonable time, or (B) the 5928
7105+results of such additional test are not admissible for failure to meet a 5929
7106+condition set forth in this subsection; and (6) evidence is presented that 5930
7107+the test was commenced within two hours of operation of the vessel or 5931
7108+expert testimony establishes the reliability of a test commenced beyond 5932
7109+two hours of operation of the vessel. In any prosecution under this 5933
7110+section, it shall be a rebuttable presumption that the results of such 5934
7111+chemical analysis establish the ratio of alcohol in the blood of the 5935
7112+defendant at the time of the alleged offense, except that if the results of 5936
7113+Bill No.
7114+
7115+
7116+
7117+LCO No. 10834 193 of 295
7118+
7119+the additional test indicate that the ratio of alcohol in the blood of such 5937
7120+defendant is ten-hundredths of one per cent or less of alcohol, by weight, 5938
7121+and is higher than the results of the first test, evidence shall be presented 5939
7122+that demonstrates that the test results and the analysis thereof 5940
7123+accurately indicate the blood alcohol content at the time of the alleged 5941
7124+offense. 5942
7125+(b) The Commissioner of Emergency Services and Public Protection 5943
7126+shall ascertain the reliability of each method and type of device offered 5944
7127+for chemical testing and analysis of blood, of breath and of urine and 5945
7128+certify those methods and types which the Commissioner of Emergency 5946
7129+Services and Public Protection finds suitable for use in testing and 5947
7130+analysis of blood, breath and urine, respectively, in this state. The 5948
7131+Commissioner of Emergency Services and Public Protection, after 5949
7132+consultation with the Commissioner of Public Health, shall adopt 5950
7133+regulations, in accordance with chapter 54, governing the conduct of 5951
7134+chemical tests, the operation and use of chemical test devices and the 5952
7135+training and certification of operators of such devices and the drawing 5953
7136+or obtaining of blood, breath or urine samples as the Commissioner of 5954
7137+Emergency Services and Public Protection finds necessary to protect the 5955
7138+health and safety of persons who submit to chemical tests and to insure 5956
7139+reasonable accuracy in testing results. Such regulations shall not require 5957
7140+recertification of a peace officer solely because such officer terminates 5958
7141+such officer's employment with the law enforcement agency for which 5959
7142+certification was originally issued and commences employment with 5960
7143+another such agency. 5961
7144+(c) If a person is charged with a violation of section 15-132a, 5962
7145+subsection (d) of section 15-133 or section 15-140l or 15-140n, the charge 5963
7146+may not be reduced, nolled or dismissed unless the prosecuting 5964
7147+authority states in open court such prosecutor's reasons for the 5965
7148+reduction, nolle or dismissal. 5966
7149+(d) (1) In any criminal prosecution for a violation of section 15-132a, 5967
7150+subsection (d) of section 15-133 or section 15-140l or 15-140n, evidence 5968
7151+Bill No.
7152+
7153+
7154+
7155+LCO No. 10834 194 of 295
7156+
7157+that the defendant refused to submit to a blood, breath or urine test or 5969
7158+the nontestimonial portion of a drug influence evaluation requested in 5970
7159+accordance with section 15-140q shall be admissible provided the 5971
7160+requirements of subsection (a) of said section have been satisfied. If a 5972
7161+case involving a violation of section 15-132a, subsection (d) of section 5973
7162+15-133 or section 15-140l or 15-140n is tried to a jury, the court shall 5974
7163+instruct the jury as to any inference that may or may not be drawn from 5975
7164+the defendant's refusal to submit to a blood, breath or urine test or 5976
7165+evaluation. 5977
7166+(2) In any prosecution for a violation of subsection (a) of this section 5978
7167+in which it is alleged that the defendant's operation of a vessel was 5979
7168+impaired, in whole or in part, by consumption of cannabis, as defined 5980
7169+in section 1 of this act, the court may take judicial notice that the 5981
7170+ingestion of cannabis (A) can impair a person's ability to operate a 5982
7171+vessel; (B) can cause impairment of motor function, reaction time, 5983
7172+tracking ability, cognitive attention, decision-making, judgment, 5984
7173+perception, peripheral vision, impulse control or memory; and (C) does 5985
7174+not enhance a person's ability to safely operate a vessel. 5986
7175+Sec. 124. (Effective July 1, 2021) Not later than July 1, 2022, the 5987
7176+Commissioner of Transportation, in consultation with the 5988
7177+Commissioner of Motor Vehicles and a task force established within the 5989
7178+Executive Branch known as the Statewide Impaired Driving Task Force, 5990
7179+shall make recommendations to the Governor and, in accordance with 5991
7180+the provisions of section 11-4a of the general statutes, the joint standing 5992
7181+committees of the General Assembly having cognizance of matters 5993
7182+relating to the judiciary and transportation regarding (1) the 5994
7183+enhancement of data collection regarding impaired driving, including, 5995
7184+but not limited to, the possibility of reorganizing the state's impaired 5996
7185+driving statutes into separate offenses for operation under the influence 5997
7186+of alcohol, operation under the influence of any drug and operation 5998
7187+under the influence of both alcohol and any drug, (2) the 5999
7188+implementation of an electronic warrant pilot program in impaired 6000
7189+driving investigations, and (3) the merits and feasibility of a pilot 6001
7190+Bill No.
7191+
7192+
7193+
7194+LCO No. 10834 195 of 295
7195+
7196+program for oral fluid testing in impaired driving investigations. 6002
7197+Sec. 125. (NEW) (Effective July 1, 2021) (a) As used in this section and 6003
7198+sections 126 and 127 of this act: 6004
7199+(1) "Cannabis" has the same meaning as provided in section 1 of this 6005
7200+act; 6006
7201+(2) "Cannabis concentrate" has the same meaning as provided in 6007
7202+section 1 of this act; 6008
7203+(3) "Cannabis edible product" means a product containing cannabis 6009
7204+or cannabis concentrate, combined with other ingredients, that is 6010
7205+intended for use or consumption through ingestion, including 6011
7206+sublingual or oral absorption; 6012
7207+(4) "Cannabis plant material" has the same meaning as provided in 6013
7208+section 21a-279a of the general statutes; 6014
7209+(5) "Cannabis retailer" means "retailer", as defined in section 1 of this 6015
7210+act; 6016
7211+(6) "Consumer" has the same meaning as provided in section 1 of this 6017
7212+act; 6018
7213+(7) "Cultivator" has the same meaning as provided in section 1 of this 6019
7214+act; 6020
7215+(8) "Delivery service" has the same meaning as provided in section 1 6021
7216+of this act; 6022
7217+(9) "Dispensary facility" has the same meaning as provided in section 6023
7218+1 of this act; 6024
7219+(10) "Food and beverage manufacturer" has the same meaning as 6025
7220+provided in section 1 of this act; 6026
7221+(11) "Hybrid retailer" has the same meaning as provided in section 1 6027
7222+Bill No.
7223+
7224+
7225+
7226+LCO No. 10834 196 of 295
7227+
7228+of this act; 6028
7229+(12) "Micro-cultivator" has the same meaning as provided in section 6029
7230+1 of this act; 6030
7231+(13) "Municipality" has the same meaning as provided in section 1 of 6031
7232+this act; 6032
7233+(14) "Palliative use" has the same meaning as provided in section 21a-6033
7234+408 of the general statutes; 6034
7235+(15) "Producer" has the same meaning as provided in section 1 of this 6035
7236+act; 6036
7237+(16) "Product manufacturer" has the same meaning as provided in 6037
7238+section 1 of this act; 6038
7239+(17) "Product packager" has the same meaning as provided in section 6039
7240+1 of this act; 6040
7241+(18) "Social Equity Council" has the same meaning as provided in 6041
7242+section 1 of this act; 6042
7243+(19) "Total THC" has the same meaning as provided in section 21a-6043
7244+240 of the general statutes; and 6044
7245+(20) "Transporter" has the same meaning as provided in section 1 of 6045
7246+this act. 6046
7247+(b) (1) For the privilege of making any sales of cannabis in this state, 6047
7248+a tax is hereby imposed on each cannabis retailer, hybrid retailer or 6048
7249+micro-cultivator at the following rates: 6049
7250+(A) Cannabis plant material, at the rate of six hundred twenty-five-6050
7251+thousandths of one cent per milligram of total THC, as reflected on the 6051
7252+product label; 6052
7253+(B) Cannabis edible products, at the rate of two and seventy-five-6053
7254+Bill No.
7255+
7256+
7257+
7258+LCO No. 10834 197 of 295
7259+
7260+hundredths cents per milligram of total THC, as reflected on the product 6054
7261+label; and 6055
7262+(C) Cannabis, other than cannabis plant material or cannabis edible 6056
7263+products, at the rate of nine-tenths of one cent per milligram of total 6057
7264+THC, as reflected on the product label. 6058
7265+(2) The tax under this section: 6059
7266+(A) Shall be collected from the consumer, except as provided under 6060
7267+subparagraphs (B) and (D) of this subdivision, by the cannabis retailer, 6061
7268+hybrid retailer or micro-cultivator at the time of sale and such tax 6062
7269+reimbursement, termed "tax" in this section, shall be paid by the 6063
7270+consumer to the cannabis retailer, hybrid retailer or micro-cultivator. 6064
7271+Each cannabis retailer, hybrid retailer or micro-cultivator shall collect 6065
7272+from the consumer the full amount of the tax imposed by this section or 6066
7273+an amount equal to the average equivalent thereof to the nearest amount 6067
7274+practicable. Such tax shall be a debt from the consumer to the cannabis 6068
7275+retailer, hybrid retailer or micro-cultivator, when so added to the 6069
7276+original sales price, and shall be recoverable at law in the same manner 6070
7277+as other debts except as provided in section 12-432a of the general 6071
7278+statutes. 6072
7279+(B) Shall not apply to the sale of cannabis for palliative use; 6073
7280+(C) Shall not apply to the transfer of cannabis to a transporter for 6074
7281+transport to any other cultivator, micro-cultivator, food and beverage 6075
7282+manufacturer, product manufacturer, product packager, dispensary 6076
7283+facility, cannabis retailer, hybrid retailer or producer; 6077
7284+(D) Shall not apply to the sale of cannabis by a delivery service to a 6078
7285+consumer; 6079
7286+(E) Shall be in addition to the taxes imposed under section 126 of this 6080
7287+act and chapter 219 of the general statutes; and 6081
7288+(F) When so collected, shall be deemed to be a special fund in trust 6082
7289+Bill No.
7290+
7291+
7292+
7293+LCO No. 10834 198 of 295
7294+
7295+for the state until remitted to the state. 6083
7296+(c) On or before the last day of each month in which a cannabis 6084
7297+retailer, hybrid retailer or micro-cultivator may legally sell cannabis 6085
7298+other than cannabis for palliative use, each such cannabis retailer, 6086
7299+hybrid retailer or micro-cultivator shall file a return with the 6087
7300+Department of Revenue Services. Such return shall be in such form and 6088
7301+contain such information as the Commissioner of Revenue Services 6089
7302+prescribes as necessary for administration of the tax under this section 6090
7303+and shall be accompanied by a payment of the amount of the tax shown 6091
7304+to be due thereon. Each cannabis retailer, hybrid retailer and micro-6092
7305+cultivator shall file such return electronically with the department and 6093
7306+make such payment by electronic funds transfer in the manner provided 6094
7307+by chapter 228g of the general statutes, to the extent possible. 6095
7308+(d) If any cannabis retailer, hybrid retailer or micro-cultivator fails to 6096
7309+pay the amount of tax reported due on its return within the time 6097
7310+specified under this section, there shall be imposed a penalty equal to 6098
7311+twenty-five per cent of such amount due and unpaid, or two hundred 6099
7312+fifty dollars, whichever is greater. Such amount shall bear interest at the 6100
7313+rate of one per cent per month or fraction thereof, from the due date of 6101
7314+such tax until the date of payment. Subject to the provisions of section 6102
7315+12-3a of the general statutes, the commissioner may waive all or part of 6103
7316+the penalties provided under this section when it is proven to the 6104
7317+commissioner's satisfaction that the failure to pay any tax was due to 6105
7318+reasonable cause and was not intentional or due to neglect. Any penalty 6106
7319+that is waived shall be applied as a credit against tax liabilities owed by 6107
7320+the cannabis retailer, hybrid retailer or micro-cultivator. 6108
7321+(e) Each person, other than a cannabis retailer, hybrid retailer or 6109
7322+micro-cultivator, who is required, on behalf of such cannabis retailer, 6110
7323+hybrid retailer or micro-cultivator, to collect, truthfully account for and 6111
7324+pay over a tax imposed on such cannabis retailer, hybrid retailer or 6112
7325+micro-cultivator under this section and who wilfully fails to collect, 6113
7326+truthfully account for and pay over such tax or who wilfully attempts in 6114
7327+Bill No.
7328+
7329+
7330+
7331+LCO No. 10834 199 of 295
7332+
7333+any manner to evade or defeat the tax or the payment thereof, shall, in 6115
7334+addition to other penalties provided by law, be liable for a penalty equal 6116
7335+to the total amount of the tax evaded, or not collected, or not accounted 6117
7336+for and paid over, including any penalty or interest attributable to such 6118
7337+wilful failure to collect or truthfully account for and pay over such tax 6119
7338+or such wilful attempt to evade or defeat such tax, provided such 6120
7339+penalty shall only be imposed against such person in the event that such 6121
7340+tax, penalty or interest cannot otherwise be collected from such cannabis 6122
7341+retailer, hybrid retailer or micro-cultivator. The amount of such penalty 6123
7342+with respect to which a person may be personally liable under this 6124
7343+section shall be collected in accordance with the provisions of section 6125
7344+12-555a of the general statutes and any amount so collected shall be 6126
7345+allowed as a credit against the amount of such tax, penalty or interest 6127
7346+due and owing from the cannabis retailer, hybrid retailer or micro-6128
7347+cultivator. The dissolution of the cannabis retailer, hybrid retailer or 6129
7348+micro-cultivator shall not discharge any person in relation to any 6130
7349+personal liability under this section for wilful failure to collect or 6131
7350+truthfully account for and pay over such tax or for a wilful attempt to 6132
7351+evade or defeat such tax prior to dissolution, except as otherwise 6133
7352+provided in this section. For purposes of this section, "person" includes 6134
7353+any individual, corporation, limited liability company or partnership 6135
7354+and any officer or employee of any corporation, including a dissolved 6136
7355+corporation, and a member of or employee of any partnership or limited 6137
7356+liability company who, as such officer, employee or member, is under a 6138
7357+duty to file a tax return under this section on behalf of a cannabis 6139
7358+retailer, hybrid retailer or micro-cultivator or to collect or truthfully 6140
7359+account for and pay over a tax imposed under this section on behalf of 6141
7360+such cannabis retailer, hybrid retailer or micro-cultivator. 6142
7361+(f) The provisions of sections 12-548, 12-551 to 12-554, inclusive, and 6143
7362+12-555a of the general statutes shall apply to the provisions of this 6144
7363+section in the same manner and with the same force and effect as if the 6145
7364+language of said sections had been incorporated in full into this section 6146
7365+and had expressly referred to the tax under this section, except to the 6147
7366+Bill No.
7367+
7368+
7369+
7370+LCO No. 10834 200 of 295
7371+
7372+extent that any provision is inconsistent with a provision in this section. 6148
7373+(g) The commissioner shall not issue a refund of any tax paid by a 6149
7374+cannabis retailer, hybrid retailer or micro-cultivator under this section. 6150
7375+(h) The commissioner may adopt regulations, in accordance with the 6151
7376+provisions of chapter 54 of the general statutes, to implement the 6152
7377+provisions of this section and sections 126 and 127 of this act. 6153
7378+Notwithstanding the provisions of sections 4-168 to 4-172, inclusive, of 6154
7379+the general statutes, prior to adopting any such regulations, the 6155
7380+commissioner shall issue policies and procedures, which shall have the 6156
7381+force and effect of law, to implement the taxes imposed under this 6157
7382+section and sections 126 and 127 of this act. At least fifteen days prior to 6158
7383+the effective date of any policy or procedure issued pursuant to this 6159
7384+subsection, the commissioner shall post such policy or procedure on the 6160
7385+department's Internet web site and submit such policy or procedure to 6161
7386+the Secretary of the State for posting on the eRegulations System. Any 6162
7387+such policy or procedure shall no longer be effective upon the adoption 6163
7388+of such policy or procedure as a final regulation in accordance with the 6164
7389+provisions of chapter 54 of the general statutes or forty-eight months of 6165
7390+the effective date of this section, whichever is earlier. 6166
7391+(i) The tax received by the state under this section shall be deposited 6167
7392+as follows: 6168
7393+(1) For the fiscal year ending June 30, 2022, in the cannabis regulatory 6169
7394+and investment account established under section 128 of this act and for 6170
7395+the fiscal year ending June 30, 2023, in the General Fund; 6171
7396+(2) For the fiscal years ending June 30, 2024, June 30, 2025, and June 6172
7397+30, 2026, sixty per cent of such tax received in the Social Equity and 6173
7398+Innovation Fund established under section 128 of this act, twenty-five 6174
7399+per cent of such tax received in the Prevention and Recovery Services 6175
7400+Fund established under section 128 of this act and fifteen per cent in the 6176
7401+General Fund; 6177
7402+Bill No.
7403+
7404+
7405+
7406+LCO No. 10834 201 of 295
7407+
7408+(3) For the fiscal years ending June 30, 2027, and June 30, 2028, sixty-6178
7409+five per cent of such tax received in the Social Equity and Innovation 6179
7410+Fund established under section 128 of this act, twenty-five per cent of 6180
7411+such tax received in the Prevention and Recovery Services Fund and ten 6181
7412+per cent in the General Fund; and 6182
7413+(4) For the fiscal year ending June 30, 2029, and each fiscal year 6183
7414+thereafter, seventy-five per cent of such tax received in the Social Equity 6184
7415+and Innovation Fund established under section 128 of this act and 6185
7416+twenty-five per cent of such tax received in the Prevention and Recovery 6186
7417+Services Fund established under section 128 of this act. 6187
7418+(j) At the close of each fiscal year in which the tax imposed under the 6188
7419+provisions of this section are received by the commissioner, the 6189
7420+Comptroller is authorized to record as revenue for such fiscal year the 6190
7421+amounts of such tax that are received by the commissioner not later than 6191
7422+five business days from the July thirty-first immediately following the 6192
7423+end of such fiscal year. 6193
7424+Sec. 126. (NEW) (Effective July 1, 2021) (a) (1) There is imposed a tax, 6194
7425+which shall be administered in accordance with the provisions of 6195
7426+chapter 219 of the general statutes, on each cannabis retailer, hybrid 6196
7427+retailer and micro-cultivator at the rate of three per cent on the gross 6197
7428+receipts from the sale of cannabis by a cannabis retailer, hybrid retailer 6198
7429+or micro-cultivator. For the purposes of this section, "gross receipts" 6199
7430+means the total amount received from sales of cannabis by a cannabis 6200
7431+retailer, hybrid retailer or micro-cultivator. 6201
7432+(2) The tax under this section: 6202
7433+(A) Shall not apply to the sale of cannabis for palliative use; 6203
7434+(B) Shall not apply to the transfer of cannabis to a transporter for 6204
7435+transport to any cultivator, micro-cultivator, food and beverage 6205
7436+manufacturer, product manufacturer, product packager, dispensary 6206
7437+facility, cannabis retailer, hybrid retailer or producer; 6207
7438+Bill No.
7439+
7440+
7441+
7442+LCO No. 10834 202 of 295
7443+
7444+(C) Shall not apply to the sale of cannabis by a delivery service to a 6208
7445+consumer; 6209
7446+(D) Shall be collected from the consumer at the time of sale, except as 6210
7447+provided under subparagraphs (A) and (C) of this subdivision, and 6211
7448+shall be in addition to the taxes imposed under section 125 of this act 6212
7449+and chapter 219 of the general statutes; and 6213
7450+(E) When so collected, shall be held in trust until remitted to the 6214
7451+municipality. 6215
7452+(b) (1) On or before the last day of each month in which a cannabis 6216
7453+retailer, hybrid retailer or micro-cultivator may legally sell cannabis 6217
7454+other than cannabis sold for palliative use, each such cannabis retailer, 6218
7455+hybrid retailer and micro-cultivator shall file a return with the 6219
7456+Department of Revenue Services. Such return shall be in such form and 6220
7457+contain such information as the Commissioner of Revenue Services 6221
7458+prescribes as necessary for administration of the tax under this section. 6222
7459+Each cannabis retailer, hybrid retailer and micro-cultivator shall file 6223
7460+such return electronically with the department, to the extent possible. 6224
7461+(2) Each municipality in which a cannabis retailer, hybrid retailer or 6225
7462+micro-cultivator is located shall submit to the commissioner at least 6226
7463+annually the name and contact information of the individual designated 6227
7464+by the municipality to receive notifications from the commissioner 6228
7465+under subdivision (3) of this subsection. 6229
7466+(3) Notwithstanding the provisions of section 12-15 of the general 6230
7467+statutes, the commissioner shall notify each individual designated 6231
7468+pursuant to subdivision (2) of this subsection of the amount of tax 6232
7469+reported to be due under this section from each cannabis retailer, hybrid 6233
7470+retailer and micro-cultivator located in the applicable municipality. The 6234
7471+commissioner shall establish policies and procedures for the provision 6235
7472+to municipalities of the information required under this subdivision. 6236
7473+(4) Not later than sixty days after the receipt of the information under 6237
7474+Bill No.
7475+
7476+
7477+
7478+LCO No. 10834 203 of 295
7479+
7480+subdivision (3) of this subsection, each such municipality shall invoice 6238
7481+each applicable cannabis retailer, hybrid retailer and micro-cultivator, 6239
7482+in accordance with the provisions of section 12-2f of the general statutes, 6240
7483+and such cannabis retailer, hybrid retailer and micro-cultivator shall 6241
7484+remit payment to the municipality not later than thirty days after the 6242
7485+date such invoice was sent. The amounts remitted pursuant to this 6243
7486+subsection shall become part of the general revenue of such 6244
7487+municipality and used for any of the purposes set forth in subdivision 6245
7488+(5) of this subsection. 6246
7489+(5) The tax collected pursuant to this section shall be used by such 6247
7490+municipality to (A) make improvements to the streetscapes and other 6248
7491+neighborhood developments in and around each community in which 6249
7492+a cannabis retailer, hybrid retailer or micro-cultivator is located, (B) fund 6250
7493+education programs or youth employment and training programs in 6251
7494+such municipality, (C) fund services for individuals released from the 6252
7495+custody of the Commissioner of Correction, probation or parole and 6253
7496+residing in such municipality, (D) fund mental health or addiction 6254
7497+services, (E) fund youth service bureaus established pursuant to section 6255
7498+10-19m of the general statutes and to municipal juvenile review boards, 6256
7499+or (F) fund efforts to promote civic engagement in communities in such 6257
7500+municipality. 6258
7501+(c) If any cannabis retailer, hybrid retailer or micro-cultivator fails to 6259
7502+pay the amount of tax invoiced by the municipality within the time 6260
7503+period set forth under this section, there shall be imposed a penalty 6261
7504+equal to twenty-five per cent of such amount due and unpaid, or two 6262
7505+hundred fifty dollars, whichever is greater. Such amount shall bear 6263
7506+interest at the rate of one per cent per month or fraction thereof, from 6264
7507+the due date of such tax until the date of payment. A municipality may 6265
7508+waive, by vote of its legislative body, all or part of the penalties provided 6266
7509+under this subsection upon a finding by such body that the failure to 6267
7510+pay any tax was due to reasonable cause and was not intentional or due 6268
7511+to neglect. Any penalty waiver shall be applied as a credit against future 6269
7512+tax liabilities owed by the cannabis retailer, hybrid retailer or micro-6270
7513+Bill No.
7514+
7515+
7516+
7517+LCO No. 10834 204 of 295
7518+
7519+cultivator. 6271
7520+(d) A municipality may impose a lien on the real property of a 6272
7521+cannabis retailer, hybrid retailer or micro-cultivator for nonpayment of 6273
7522+tax due under this section. The amount of such lien shall not exceed the 6274
7523+amount of tax due under this section plus penalties and interest. Such 6275
7524+lien shall have the same priority as a municipal lien for real property 6276
7525+taxes. 6277
7526+(e) The commissioner may review and adjust any return filed by a 6278
7527+cannabis retailer, hybrid retailer or micro-cultivator pursuant to 6279
7528+subsection (b) of this section and may issue any assessments that may 6280
7529+result therefrom, in accordance with the provisions of sections 12-548, 6281
7530+12-551 to 12-554, inclusive, and 12-555a of the general statutes. The 6282
7531+provisions of said sections shall apply to the provisions of this section 6283
7532+in the same manner and with the same force and effect as if the language 6284
7533+of said sections had been incorporated in full into this section and had 6285
7534+expressly referred to the tax under this section, except to the extent that 6286
7535+any provision is inconsistent with a provision in this section. 6287
7536+(f) (1) No cannabis retailer, hybrid retailer, micro-cultivator or 6288
7537+municipality shall issue a refund to a purchaser for any tax paid under 6289
7538+this section by such purchaser. 6290
7539+(2) No municipality shall issue a refund to a cannabis retailer, hybrid 6291
7540+retailer or micro-cultivator for any tax paid under this section by such 6292
7541+cannabis retailer, hybrid retailer or micro-cultivator. 6293
7542+(3) No overpayment of the tax under this section by a purchaser, 6294
7543+cannabis retailer, hybrid retailer or micro-cultivator shall be applied to 6295
7544+any other liability due to such municipality from such purchaser, 6296
7545+cannabis retailer, hybrid retailer or micro-cultivator. 6297
7546+Sec. 127. (NEW) (Effective July 1, 2021) (a) The tax under chapter 219 6298
7547+of the general statutes shall not be imposed on the transfer of cannabis 6299
7548+to a transporter by a cultivator, micro-cultivator, food and beverage 6300
7549+Bill No.
7550+
7551+
7552+
7553+LCO No. 10834 205 of 295
7554+
7555+manufacturer, product manufacturer, product packager, dispensary 6301
7556+facility, cannabis retailer, hybrid retailer or producer, for transport to 6302
7557+any other cultivator, micro-cultivator, food and beverage manufacturer, 6303
7558+product manufacturer, product packager, dispensary facility, cannabis 6304
7559+retailer, hybrid retailer or producer. 6305
7560+(b) No person may purchase cannabis on a resale basis and no 6306
7561+exemption under chapter 219 of the general statutes shall apply to the 6307
7562+sale of cannabis, except as provided under section 12-412 of the general 6308
7563+statutes, for the sale of cannabis for palliative use. 6309
7564+(c) (1) No cannabis retailer, hybrid retailer, micro-cultivator or 6310
7565+delivery service, nor the Department of Revenue Services, shall issue a 6311
7566+refund to a purchaser for any tax paid under chapter 219 of the general 6312
7567+statutes for the sale of cannabis. 6313
7568+(2) The Commissioner of Revenue Services shall not issue a refund to 6314
7569+a cannabis retailer, hybrid retailer, micro-cultivator or delivery service 6315
7570+of any tax paid under chapter 219 of the general statutes by such 6316
7571+cannabis retailer, hybrid retailer or micro-cultivator. 6317
7572+(d) The provisions of subsection (g) of section 125 of this act, 6318
7573+subsection (f) of section 126 of this act and subsection (c) of this section 6319
7574+shall not be construed as authorizing suit against the state or any 6320
7575+political subdivision thereof by a person against whom any tax, penalty 6321
7576+or interest has been erroneously or illegally assessed or from whom any 6322
7577+tax, penalty or interest has been erroneously or illegally collected and 6323
7578+shall not be construed as a waiver of sovereign immunity. 6324
7579+Sec. 128. (NEW) (Effective July 1, 2021) (a) (1) There is established an 6325
7580+account to be known as the "cannabis regulatory and investment 6326
7581+account" which shall be a separate, nonlapsing account within the 6327
7582+General Fund. The account shall contain any moneys required by law to 6328
7583+be deposited in the account. Moneys in the account shall be allocated by 6329
7584+the Secretary of the Office of Policy and Management to state agencies 6330
7585+for the purpose of paying costs incurred to implement the activities 6331
7586+Bill No.
7587+
7588+
7589+
7590+LCO No. 10834 206 of 295
7591+
7592+authorized under RERACA, as defined in section 1 of this act. 6332
7593+(2) Notwithstanding the provisions of section 34 of this act, for the 6333
7594+fiscal year ending June 30, 2022, the following shall be deposited in the 6334
7595+cannabis regulatory and investment account: (A) All fees received by 6335
7596+the state pursuant to section 30 of this act and subdivisions (1) to (11), 6336
7597+inclusive, of subsection (c) of section 34 of this act; (B) the tax received 6337
7598+by the state under section 125 of this act; and (C) the tax received by the 6338
7599+state under chapter 219 of the general statutes from a cannabis retailer, 6339
7600+hybrid retailer or micro-cultivator, as those terms are defined in section 6340
7601+125 of this act. 6341
7602+(b) (1) There is established an account to be known as the "social 6342
7603+equity and innovation account" which shall be a separate, nonlapsing 6343
7604+account within the General Fund. The account shall contain any moneys 6344
7605+required by law to be deposited in the account. Moneys in the account 6345
7606+shall be allocated by the Secretary of the Office of Policy and 6346
7607+Management to state agencies for the purpose of (A) paying costs 6347
7608+incurred by the Social Equity Council, as defined in section 1 of this act, 6348
7609+and (B) administering programs under RERACA to provide (i) access to 6349
7610+capital for businesses, (ii) technical assistance for the start-up and 6350
7611+operation of a business, (iii) funding for workforce education, and (iv) 6351
7612+funding for community investments. 6352
7613+(2) Notwithstanding the provisions of sections 34 and 149 of this act, 6353
7614+for the fiscal year ending June 30, 2022, the following shall be deposited 6354
7615+in the social equity and innovation account: All fees received by the state 6355
7616+pursuant to sections 26, 145 and 149 of this act and subdivisions (12) and 6356
7617+(13) of subsection (c) of section 34 of this act. 6357
7618+(c) (1) On and after July 1, 2022, there is established a fund to be 6358
7619+known as the "Social Equity and Innovation Fund" which shall be a 6359
7620+separate, nonlapsing fund. The fund shall contain any moneys required 6360
7621+by law to be deposited in the fund and shall be held by the Treasurer 6361
7622+separate and apart from all other moneys, funds and accounts. Moneys 6362
7623+Bill No.
7624+
7625+
7626+
7627+LCO No. 10834 207 of 295
7628+
7629+in the fund shall be appropriated for the purposes of providing the 6363
7630+following: Access to capital for businesses; technical assistance for the 6364
7631+start-up and operation of a business; funding for workforce education; 6365
7632+and funding for community investments. All such appropriations shall 6366
7633+be dedicated to expenditures that further the principles of equity, as 6367
7634+defined in section 1 of this act. 6368
7635+(2) (A) For the purposes of subdivision (1) of this subsection, for the 6369
7636+fiscal year ending June 30, 2023, and for each fiscal year thereafter, the 6370
7637+Social Equity Council shall transmit, for even-numbered years, 6371
7638+estimates of expenditure requirements and for odd-numbered years, 6372
7639+recommended adjustments and revisions, if any, of such estimates, to 6373
7640+the Secretary of the Office of Policy and Management, in the manner 6374
7641+prescribed for a budgeted agency under subsection (a) of section 4-77 of 6375
7642+the general statutes. The council shall recommend for each fiscal year 6376
7643+commencing with the fiscal year ending June 30, 2023, appropriate 6377
7644+funding for all credits payable to angel investors that invest in cannabis 6378
7645+businesses pursuant to section 12-704d of the general statutes. 6379
7646+(B) The Office of Policy and Management may not make adjustments 6380
7647+to any such estimates or adjustments and revisions of such estimates 6381
7648+transmitted by the council. Notwithstanding any provision of the 6382
7649+general statutes or any special act, the Governor shall not reduce the 6383
7650+allotment requisitions or allotments in force pursuant to section 4-85 of 6384
7651+the general statutes or make reductions in allotments in order to achieve 6385
7652+budget savings in the General Fund, concerning any appropriations 6386
7653+made by the General Assembly for the purposes of subdivision (1) of 6387
7654+this subsection. 6388
7655+(d) On and after July 1, 2022, there is established a fund to be known 6389
7656+as the "Prevention and Recovery Services Fund" which shall be a 6390
7657+separate, nonlapsing fund. The fund shall contain any moneys required 6391
7658+by law to be deposited in the fund and shall be held by the Treasurer 6392
7659+separate and apart from all other moneys, funds and accounts. Moneys 6393
7660+in the fund shall be appropriated for the purposes of (1) substance abuse 6394
7661+Bill No.
7662+
7663+
7664+
7665+LCO No. 10834 208 of 295
7666+
7667+prevention, treatment and recovery services, and (2) collection and 6395
7668+analysis of data regarding substance use. 6396
7669+Sec. 129. Subdivision (120) of section 12-412 of the general statutes is 6397
7670+repealed and the following is substituted in lieu thereof (Effective July 1, 6398
7671+2021): 6399
7672+(120) [On and after April 1, 2015, sales] (A) Sales of the following 6400
7673+nonprescription drugs or medicines available for purchase for use in or 6401
7674+on the body: Vitamin or mineral concentrates; dietary supplements; 6402
7675+natural or herbal drugs or medicines; products intended to be taken for 6403
7676+coughs, cold, asthma or allergies, or antihistamines; laxatives; 6404
7677+antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 6405
7678+and antifungal medicines; antiseptics; astringents; anesthetics; steroidal 6406
7679+medicines; anthelmintics; emetics and antiemetics; antacids; [and] any 6407
7680+medication prepared to be used in the eyes, ears or nose; and cannabis 6408
7681+sold for palliative use under the provisions of chapter 420f. 6409
7682+(B) Nonprescription drugs or medicines [shall] do not include 6410
7683+cosmetics, [dentrifrices] dentifrices, mouthwash, shaving and hair care 6411
7684+products, soaps, [or] deodorants or products containing cannabis or 6412
7685+cannabinoids. As used in this subparagraph, "cannabis" has the same 6413
7686+meaning as provided in section 1 of this act and "cannabinoids" means 6414
7687+manufactured cannabinoids or synthetic cannabinoids, as such terms 6415
7688+are defined in section 21a-240. 6416
7689+Sec. 130. Section 12-650 of the general statutes is repealed and the 6417
7690+following is substituted in lieu thereof (Effective July 1, 2021): 6418
7691+[As used in this chapter: 6419
7692+(1) "Marijuana" means any marijuana, whether real or counterfeit, as 6420
7693+defined in subdivision (29) of section 21a-240, that is held, possessed, 6421
7694+transported, sold or offered to be sold in violation of any provision of 6422
7695+the general statutes; 6423
7696+Bill No.
7697+
7698+
7699+
7700+LCO No. 10834 209 of 295
7701+
7702+(2) "Controlled substance" means any controlled substance as defined 6424
7703+in subdivision (9) of section 21a-240, that is held, possessed, transported, 6425
7704+sold or offered to be sold in violation of any provision of the general 6426
7705+statutes; 6427
7706+(3) "Dealer" means any person who, in violation of any provision of 6428
7707+the general statutes, manufactures, produces, ships, transports, or 6429
7708+imports into the state or in any manner acquires or possesses more than 6430
7709+forty-two and one-half grams of marijuana or seven or more grams of 6431
7710+any controlled substance or ten or more dosage units of any controlled 6432
7711+substance which is not sold by weight; and 6433
7712+(4) "Commissioner" means the Commissioner of Revenue Services.] 6434
7713+Notwithstanding the provisions of this chapter, revision of 1958, 6435
7714+revised to January 1, 2021, any outstanding liabilities or assessments, or 6436
7715+any portion thereof, made under said chapter related to the sale, 6437
7716+purchase, acquisition or possession within the state or the transport or 6438
7717+importation into the state, of marijuana, as defined in section 21a-240, 6439
7718+shall be cancelled. The Commissioner of Revenue Services may take any 6440
7719+action necessary to effectuate the cancellation of such liabilities and 6441
7720+assessments. No cancellation of a liability or an assessment pursuant to 6442
7721+this section shall entitle any person affected by such cancellation to a 6443
7722+refund or credit of any amount previously paid or collected in 6444
7723+connection with such liability or assessment. 6445
7724+Sec. 131. Subdivision (1) of subsection (a) of section 12-30a of the 6446
7725+general statutes is repealed and the following is substituted in lieu 6447
7726+thereof (Effective July 1, 2021): 6448
7727+(a) (1) Whenever the provisions of section 12-35, 12-204, 12-205, 12-6449
7728+206, 12-225, 12-226, 12-229, 12-235, 12-242d, 12-263c, 12-263d, 12-263m, 6450
7729+12-268d, 12-268h, 12-293a, 12-309, 12-330d, 12-330i, 12-376, 12-376a, 12-6451
7730+376b, 12-392, 12-414, 12-415, 12-416, 12-419, 12-419a, 12-439, 12-440, 12-6452
7731+458, 12-458d, 12-486a, 12-488, 12-547, 12-548, 12-590, 12-594, 12-638c, 12-6453
7732+638d, 12-646a, 12-647, [12-655,] 12-667, 12-722, 12-723, 12-728, 12-731, 12-6454
7733+Bill No.
7734+
7735+
7736+
7737+LCO No. 10834 210 of 295
7738+
7739+735, 22a-132, 22a-232, 22a-237c, 38a-277 or 51-81b require interest to be 6455
7740+paid to the Commissioner of Revenue Services at the rate of one per cent 6456
7741+per month or fraction thereof or one per cent for each month or fraction 6457
7742+thereof, the Commissioner of Revenue Services may adopt regulations 6458
7743+in accordance with the provisions of chapter 54 that require interest to 6459
7744+be paid to said commissioner at the equivalent daily rate in lieu of such 6460
7745+monthly rate. 6461
7746+Sec. 132. Subsection (a) of section 12-35b of the general statutes is 6462
7747+repealed and the following is substituted in lieu thereof (Effective July 1, 6463
7748+2021): 6464
7749+(a) For the purposes of sections 12-204, 12-212, 12-235, 12-268h, 12-6465
7750+309, 12-330i, 12-366, 12-398, 12-420, 12-441, 12-475, 12-488, 12-555a, 12-6466
7751+594, 12-638j [, 12-655] and 12-734: 6467
7752+(1) "Bona fide purchaser" means a person who takes a conveyance of 6468
7753+real estate in good faith from the holder of legal title, and pays valuable 6469
7754+consideration, without actual, implied, or constructive notice of any tax 6470
7755+delinquency. 6471
7756+(2) "Qualified encumbrancer" means a person who places a burden, 6472
7757+charge or lien on real estate, in good faith, without actual, implied, or 6473
7758+constructive notice of any tax delinquency. 6474
7759+(3) "Commissioner" means the Commissioner of Revenue Services or 6475
7760+his or her authorized agent. 6476
7761+Sec. 133. Section 12-704d of the general statutes is repealed and the 6477
7762+following is substituted in lieu thereof (Effective July 1, 2021): 6478
7763+(a) As used in this section: 6479
7764+(1) "Angel investor" means an accredited investor, as defined by the 6480
7765+Securities and Exchange Commission, or network of accredited 6481
7766+investors who review new or proposed businesses for potential 6482
7767+investment and who may seek active involvement, such as consulting 6483
7768+Bill No.
7769+
7770+
7771+
7772+LCO No. 10834 211 of 295
7773+
7774+and mentoring, in a qualified Connecticut business or a qualified 6484
7775+cannabis business, but "angel investor" does not include (A) a person 6485
7776+controlling fifty per cent or more of the Connecticut business or cannabis 6486
7777+business invested in by the angel investor, (B) a venture capital 6487
7778+company, or (C) any bank, bank and trust company, insurance 6488
7779+company, trust company, national bank, savings association or building 6489
7780+and loan association for activities that are a part of its normal course of 6490
7781+business; 6491
7782+(2) "Cash investment" means the contribution of cash, at a risk of loss, 6492
7783+to a qualified Connecticut business or a qualified cannabis business in 6493
7784+exchange for qualified securities; 6494
7785+(3) "Connecticut business" means any business, other than a cannabis 6495
7786+business, with its principal place of business in Connecticut; 6496
7787+(4) "Bioscience" means manufacturing pharmaceuticals, medicines, 6497
7788+medical equipment or medical devices and analytical laboratory 6498
7789+instruments, operating medical or diagnostic testing laboratories, or 6499
7790+conducting pure research and development in life sciences; 6500
7791+(5) "Advanced materials" means developing, formulating or 6501
7792+manufacturing advanced alloys, coatings, lubricants, refrigerants, 6502
7793+surfactants, emulsifiers or substrates; 6503
7794+(6) "Photonics" means generation, emission, transmission, 6504
7795+modulation, signal processing, switching, amplification, detection and 6505
7796+sensing of light from ultraviolet to infrared and the manufacture, 6506
7797+research or development of opto-electronic devices, including, but not 6507
7798+limited to, lasers, masers, fiber optic devices, quantum devices, 6508
7799+holographic devices and related technologies; 6509
7800+(7) "Information technology" means software publishing, motion 6510
7801+picture and video production, teleproduction and postproduction 6511
7802+services, telecommunications, data processing, hosting and related 6512
7803+services, custom computer programming services, computer system 6513
7804+Bill No.
7805+
7806+
7807+
7808+LCO No. 10834 212 of 295
7809+
7810+design, computer facilities management services, other computer 6514
7811+related services and computer training; 6515
7812+(8) "Clean technology" means the production, manufacture, design, 6516
7813+research or development of clean energy, green buildings, smart grid, 6517
7814+high-efficiency transportation vehicles and alternative fuels, 6518
7815+environmental products, environmental remediation and pollution 6519
7816+prevention; 6520
7817+(9) "Qualified securities" means any form of equity, including a 6521
7818+general or limited partnership interest, common stock, preferred stock, 6522
7819+with or without voting rights, without regard to seniority position that 6523
7820+must be convertible into common stock; [and] 6524
7821+(10) "Emerging technology business" means any business that is 6525
7822+engaged in bioscience, advanced materials, photonics, information 6526
7823+technology, clean technology or any other emerging technology as 6527
7824+determined by the Commissioner of Economic and Community 6528
7825+Development; [.] 6529
7826+(11) "Cannabis business" means a cannabis establishment (A) for 6530
7827+which a social equity applicant has been granted a provisional license 6531
7828+or a license, (B) in which a social equity applicant or social equity 6532
7829+applicants have an ownership interest of at least sixty-five per cent, and 6533
7830+(C) such social equity applicant or social equity applicants have control 6534
7831+of such establishment; 6535
7832+(12) "Social equity applicant" has the same meaning as provided in 6536
7833+section 1 of this act; 6537
7834+(13) "Cannabis" has the same meaning as provided in section 1 of this 6538
7835+act; and 6539
7836+(14) "Cannabis establishment" has the same meaning as provided in 6540
7837+section 1 of this act. 6541
7838+(b) There shall be allowed a credit against the tax imposed under this 6542
7839+Bill No.
7840+
7841+
7842+
7843+LCO No. 10834 213 of 295
7844+
7845+chapter, other than the liability imposed by section 12-707, for a cash 6543
7846+investment by an angel investor of not less than twenty-five thousand 6544
7847+dollars in the qualified securities of a Connecticut business [by an angel 6545
7848+investor] or a cannabis business. The credit shall be in an amount equal 6546
7849+to (1) twenty-five per cent of such investor's cash investment in a 6547
7850+Connecticut business, or (2) forty per cent of such investor's cash 6548
7851+investment in a cannabis business, provided the total tax credits allowed 6549
7852+to any angel investor shall not exceed five hundred thousand dollars. 6550
7853+The credit shall be claimed in the taxable year in which such cash 6551
7854+investment is made by the angel investor. The credit may be sold, 6552
7855+assigned or otherwise transferred, in whole or in part. 6553
7856+(c) To qualify for a tax credit pursuant to this section, a cash 6554
7857+investment shall be in: [a] 6555
7858+(1) A Connecticut business that [(1)] (A) has been approved as a 6556
7859+qualified Connecticut business pursuant to subsection (d) of this section; 6557
7860+[(2)] (B) had annual gross revenues of less than one million dollars in the 6558
7861+most recent income year of such business; [(3)] (C) has fewer than 6559
7862+twenty-five employees, not less than seventy-five per cent of whom 6560
7863+reside in this state; [(4)] (D) has been operating in this state for less than 6561
7864+seven consecutive years; [(5)] (E) is primarily owned by the 6562
7865+management of the business and their families; and [(6)] (F) received 6563
7866+less than two million dollars in cash investments eligible for the tax 6564
7867+credits provided by this section; [.] or 6565
7868+(2) A cannabis business that (A) has been approved as a qualified 6566
7869+cannabis business pursuant to subsection (d) of this section; (B) had 6567
7870+annual gross revenues of less than one million dollars in the most recent 6568
7871+income year of such business; (C) has fewer than twenty-five employees, 6569
7872+not less than seventy-five per cent of whom reside in this state; (D) is 6570
7873+primarily owned by the management of the business and their families; 6571
7874+and (E) received less than two million dollars in cash investments 6572
7875+eligible for the tax credits provided by this section. 6573
7876+Bill No.
7877+
7878+
7879+
7880+LCO No. 10834 214 of 295
7881+
7882+(d) (1) A Connecticut business or a cannabis business may apply to 6574
7883+Connecticut Innovations, Incorporated, for approval as a Connecticut 6575
7884+business or cannabis business, as applicable, qualified to receive cash 6576
7885+investments eligible for a tax credit pursuant to this section. The 6577
7886+application shall include (A) the name of the business and a copy of the 6578
7887+organizational documents of such business, (B) a business plan, 6579
7888+including a description of the business and the management, product, 6580
7889+market and financial plan of the business, (C) a description of the 6581
7890+business's innovative technology, product or service, (D) a statement of 6582
7891+the potential economic impact of the business, including the number, 6583
7892+location and types of jobs expected to be created, (E) a description of the 6584
7893+qualified securities to be issued and the amount of cash investment 6585
7894+sought by the [qualified Connecticut] business, (F) a statement of the 6586
7895+amount, timing and projected use of the proceeds to be raised from the 6587
7896+proposed sale of qualified securities, and (G) such other information as 6588
7897+the chief executive officer of Connecticut Innovations, Incorporated, 6589
7898+may require. 6590
7899+(2) Said chief executive officer shall, on a monthly basis, compile a list 6591
7900+of approved applications, categorized by the cash investments being 6592
7901+sought by the qualified Connecticut business or the qualified cannabis 6593
7902+business and type of qualified securities offered. 6594
7903+(e) (1) Any angel investor that intends to make a cash investment in 6595
7904+a business on such list may apply to Connecticut Innovations, 6596
7905+Incorporated, to reserve a tax credit in the amount indicated by such 6597
7906+investor. Connecticut Innovations, Incorporated, shall not reserve tax 6598
7907+credits under this section for any investments made on or after July 1, 6599
7908+2028. 6600
7909+(2) The aggregate amount of all tax credits under this section that may 6601
7910+be reserved by Connecticut Innovations, Incorporated, shall not exceed 6602
7911+(A) for cash investments made in Connecticut businesses, six million 6603
7912+dollars annually for the fiscal years commencing July 1, 2010, to July 1, 6604
7913+2012, inclusive, and [shall not exceed] five million dollars [in] for each 6605
7914+Bill No.
7915+
7916+
7917+
7918+LCO No. 10834 215 of 295
7919+
7920+fiscal year thereafter, [. Each fiscal year,] and (B) for cash investments 6606
7921+made in qualified cannabis businesses, fifteen million dollars annually 6607
7922+for each fiscal year commencing on or after July 1, 2021. 6608
7923+(3) With respect to the tax credits available under this section for 6609
7924+investments in Connecticut businesses, Connecticut Innovations, 6610
7925+Incorporated, shall not reserve more than seventy-five per cent of [the] 6611
7926+such tax credits [available under this section] for investments in 6612
7927+emerging technology businesses, except if any such credits remain 6613
7928+available for reservation after April first in any fiscal year, such 6614
7929+remaining credits may be reserved for investments in such businesses 6615
7930+[,] and may be prioritized for veteran-owned, women-owned or 6616
7931+minority-owned businesses and businesses owned by individuals with 6617
7932+disabilities. [Connecticut Innovations, Incorporated, shall not reserve 6618
7933+tax credits under this section for any investment made on or after July 6619
7934+1, 2024.] 6620
7935+[(2)] (4) The amount of the credit allowed to any investor pursuant to 6621
7936+this section shall not exceed the amount of tax due from such investor 6622
7937+under this chapter, other than section 12-707, with respect to such 6623
7938+taxable year. Any tax credit that is claimed by the angel investor but not 6624
7939+applied against the tax due under this chapter, other than the liability 6625
7940+imposed under section 12-707, may be carried forward for the five 6626
7941+immediately succeeding taxable years until the full credit has been 6627
7942+applied. 6628
7943+(f) If the angel investor is an S corporation or an entity treated as a 6629
7944+partnership for federal income tax purposes, the tax credit may be 6630
7945+claimed by the shareholders or partners of the angel investor. If the 6631
7946+angel investor is a single member limited liability company that is 6632
7947+disregarded as an entity separate from its owner, the tax credit may be 6633
7948+claimed by such limited liability company's owner, provided such 6634
7949+owner is a person subject to the tax imposed under this chapter. 6635
7950+(g) A review of the cumulative effectiveness of the credit under this 6636
7951+Bill No.
7952+
7953+
7954+
7955+LCO No. 10834 216 of 295
7956+
7957+section shall be conducted by Connecticut Innovations, Incorporated, by 6637
7958+[July 1, 2014, and by] July first annually. [thereafter.] Such review shall 6638
7959+include, but need not be limited to, the number and type of Connecticut 6639
7960+businesses and cannabis businesses that received angel investments, the 6640
7961+number of angel investors and the aggregate amount of cash 6641
7962+investments, the current status of each Connecticut business and 6642
7963+cannabis business that received angel investments, the number of 6643
7964+employees employed in each year following the year in which such 6644
7965+Connecticut business or cannabis business received the angel 6645
7966+investment [,] and the economic impact in the state [,] of the Connecticut 6646
7967+business or cannabis business that received the angel investment. Such 6647
7968+review shall be submitted to the Office of Policy and Management and 6648
7969+to the joint standing committee of the General Assembly having 6649
7970+cognizance of matters relating to commerce, in accordance with the 6650
7971+provisions of section 11-4a. 6651
7972+Sec. 134. (NEW) (Effective July 1, 2021) (a) For the purposes described 6652
7973+in subsection (b) of this section, the State Bond Commission shall have 6653
7974+the power from time to time to authorize the issuance of bonds of the 6654
7975+state in one or more series and in principal amounts not exceeding in 6655
7976+the aggregate fifty million dollars. 6656
7977+(b) The proceeds of the sale of such bonds, to the extent of the amount 6657
7978+stated in subsection (a) of this section, shall be used by the Department 6658
7979+of Economic and Community Development jointly with the Social 6659
7980+Equity Council for the purposes of providing (1) low-interest loans to 6660
7981+social equity applicants, municipalities or organizations exempt from 6661
7982+taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, 6662
7983+or any subsequent corresponding internal revenue code of the United 6663
7984+States, as amended from time to time, to facilitate the rehabilitation, 6664
7985+renovation or development of unused, underused real property to be 6665
7986+used as a cannabis establishment or as part of such establishment; (2) 6666
7987+capital to social equity applicants seeking to start or maintain a cannabis 6667
7988+establishment; (3) funding to assist in the development or ongoing 6668
7989+expenses of the cannabis business accelerator program established 6669
7990+Bill No.
7991+
7992+
7993+
7994+LCO No. 10834 217 of 295
7995+
7996+under section 38 of this act; and (4) funding to assist in the development 6670
7997+or ongoing expenses of workforce training programs developed by the 6671
7998+Social Equity Council pursuant to section 39 of this act. As used in this 6672
7999+subsection, "Social Equity Council", "cannabis establishment" and 6673
8000+"social equity applicant" have the same meanings as provided in section 6674
8001+1 of this act. 6675
8002+(c) All provisions of section 3-20 of the general statutes, or the exercise 6676
8003+of any right or power granted thereby, that are not inconsistent with the 6677
8004+provisions of this section are hereby adopted and shall apply to all 6678
8005+bonds authorized by the State Bond Commission pursuant to this 6679
8006+section. Temporary notes in anticipation of the money to be derived 6680
8007+from the sale of any such bonds so authorized may be issued in 6681
8008+accordance with section 3-20 of the general statutes and from time to 6682
8009+time renewed. Such bonds shall mature at such time or times not 6683
8010+exceeding twenty years from their respective dates as may be provided 6684
8011+in or pursuant to the resolution or resolutions of the State Bond 6685
8012+Commission authorizing such bonds. None of such bonds shall be 6686
8013+authorized except upon a finding by the State Bond Commission that 6687
8014+there has been filed with it a request for such authorization that is signed 6688
8015+by or on behalf of the Secretary of the Office of Policy and Management 6689
8016+and states such terms and conditions as said commission, in its 6690
8017+discretion, may require. Such bonds issued pursuant to this section shall 6691
8018+be general obligations of the state and the full faith and credit of the state 6692
8019+of Connecticut are pledged for the payment of the principal of and 6693
8020+interest on such bonds as the same become due, and accordingly and as 6694
8021+part of the contract of the state with the holders of such bonds, 6695
8022+appropriation of all amounts necessary for punctual payment of such 6696
8023+principal and interest is hereby made, and the State Treasurer shall pay 6697
8024+such principal and interest as the same become due. 6698
8025+Sec. 135. (NEW) (Effective July 1, 2021) (a) As used in this section, 6699
8026+"Social Equity Council", "cannabis establishment" and "social equity 6700
8027+applicant" have the same meanings as provided in section 1 of this act. 6701
8028+Bill No.
8029+
8030+
8031+
8032+LCO No. 10834 218 of 295
8033+
8034+(b) (1) The Department of Economic and Community Development 6702
8035+and the Social Equity Council shall jointly develop and establish: 6703
8036+(A) A revolving loan program for the purposes of subdivision (1) of 6704
8037+subsection (b) of section 134 of this act, including (i) requirements for 6705
8038+loan eligibility under the program, (ii) an application form and the 6706
8039+information and documentation required to be submitted with such 6707
8040+application, (iii) the terms of the loans to be offered, including the rates 6708
8041+of interest to be charged and the length of the loans, (iv) a plan for 6709
8042+publicizing and marketing the program, and (v) any other requirements 6710
8043+necessary to implement the program; and 6711
8044+(B) Application forms, applicant requirements and any other 6712
8045+provisions the department and the council deem necessary for the 6713
8046+purposes of subdivisions (2) to (4), inclusive, of subsection (b) of section 6714
8047+134 of this act. 6715
8048+(2) The department and the council shall post on the Internet web 6716
8049+sites of the Department of Economic and Community Development and 6717
8050+the Department of Consumer Protection information concerning the 6718
8051+loan program and other available funding under this section. 6719
8052+Sec. 136. Section 21a-408e of the general statutes is repealed and the 6720
8053+following is substituted in lieu thereof (Effective July 1, 2021): 6721
8054+No person shall be subject to arrest or prosecution solely for being in 6722
8055+the presence or vicinity of the palliative use of marijuana as permitted 6723
8056+under sections 21a-408 to [21a-408n] 21a-408m, inclusive. 6724
8057+Sec. 137. Subsection (b) of section 21a-408i of the general statutes is 6725
8058+repealed and the following is substituted in lieu thereof (Effective July 1, 6726
8059+2021): 6727
8060+(b) The Commissioner of Consumer Protection shall determine the 6728
8061+number of producers appropriate to meet the needs of qualifying 6729
8062+patients in this state and shall adopt regulations, in accordance with 6730
8063+Bill No.
8064+
8065+
8066+
8067+LCO No. 10834 219 of 295
8068+
8069+chapter 54, to provide for the licensure, standards and locations for 6731
8070+producers in this state and specify the maximum number of producers 6732
8071+that may be licensed in this state at any time. On and after the effective 6733
8072+date of such regulations, the commissioner may license any person who 6734
8073+applies for a license in accordance with such regulations, provided (1) 6735
8074+such person is organized for the purpose of cultivating marijuana for 6736
8075+palliative use in this state, (2) the commissioner finds that such applicant 6737
8076+has appropriate expertise in agriculture and that such applicant is 6738
8077+qualified to cultivate marijuana and sell, deliver, transport or distribute 6739
8078+marijuana solely within this state pursuant to sections 21a-408 to [21a-6740
8079+408n] 21a-408m, inclusive, and (3) the number of producer licenses 6741
8080+issued does not exceed the number appropriate to meet the needs of 6742
8081+qualifying patients in this state, as determined by the commissioner 6743
8082+pursuant to this subsection. At a minimum, such regulations shall: 6744
8083+(A) Indicate the maximum number of producers that may be licensed 6745
8084+in this state at any time, which number shall not be less than three nor 6746
8085+more than ten producers; 6747
8086+(B) Provide that no marijuana may be sold, delivered, transported or 6748
8087+distributed by a producer from or to a location outside of this state; 6749
8088+(C) Establish a nonrefundable application fee of not less than twenty-6750
8089+five thousand dollars for each application submitted for a producer 6751
8090+license; 6752
8091+(D) Establish a license fee and renewal fee for each licensed producer, 6753
8092+provided the aggregate amount of such license and renewal fees shall 6754
8093+not be less than the amount necessary to cover the direct and indirect 6755
8094+cost of licensing and regulating producers pursuant to sections 21a-408 6756
8095+to [21a-408n] 21a-408m, inclusive; 6757
8096+(E) Provide for renewal of such producer licenses at least every five 6758
8097+years; 6759
8098+(F) Provide that no producer may cultivate marijuana for palliative 6760
8099+Bill No.
8100+
8101+
8102+
8103+LCO No. 10834 220 of 295
8104+
8105+use outside of this state and designate permissible locations for licensed 6761
8106+producers in this state; 6762
8107+(G) Establish financial requirements for producers, under which (i) 6763
8108+each applicant demonstrates the financial capacity to build and operate 6764
8109+a marijuana production facility, and (ii) each licensed producer may be 6765
8110+required to maintain an escrow account in a financial institution in this 6766
8111+state in an amount of two million dollars; 6767
8112+(H) Establish health, safety and security requirements for licensed 6768
8113+producers, which shall include, but need not be limited to, a 6769
8114+requirement that the applicant or licensed producer demonstrate: (i) The 6770
8115+ability to maintain adequate control against the diversion, theft and loss 6771
8116+of marijuana cultivated by the producer, and (ii) the ability to cultivate 6772
8117+pharmaceutical grade marijuana for palliative use in a secure indoor 6773
8118+facility; 6774
8119+(I) Define "pharmaceutical grade marijuana for palliative use" for the 6775
8120+purposes of this section; 6776
8121+(J) Establish standards and procedures for revocation, suspension, 6777
8122+summary suspension and nonrenewal of producer licenses, provided 6778
8123+such standards and procedures are consistent with the provisions of 6779
8124+subsection (c) of section 4-182; and 6780
8125+(K) Establish other licensing, renewal and operational standards 6781
8126+deemed necessary by the commissioner. 6782
8127+Sec. 138. Section 21a-408o of the general statutes is repealed and the 6783
8128+following is substituted in lieu thereof (Effective July 1, 2021): 6784
8129+Nothing in sections 21a-408 to [21a-408n] 21a-408m, inclusive, or 6785
8130+section 21a-243 shall be construed to require health insurance coverage 6786
8131+for the palliative use of marijuana. 6787
8132+Sec. 139. Subsection (d) of section 21a-408v of the general statutes is 6788
8133+repealed and the following is substituted in lieu thereof (Effective July 1, 6789
8134+Bill No.
8135+
8136+
8137+
8138+LCO No. 10834 221 of 295
8139+
8140+2021): 6790
8141+(d) Information obtained under this section shall be confidential and 6791
8142+shall not be subject to disclosure under the Freedom of Information Act, 6792
8143+as defined in section 1-200, except that reasonable access to registry 6793
8144+information obtained under this section shall be provided to (1) state 6794
8145+agencies, federal agencies and local law enforcement agencies for the 6795
8146+purpose of investigating or prosecuting a violation of law, (2) physicians 6796
8147+and pharmacists for the purpose of providing patient care and drug 6797
8148+therapy management and monitoring controlled substances obtained by 6798
8149+the research program subject, (3) public or private entities for research 6799
8150+or educational purposes, provided no individually identifiable health 6800
8151+information may be disclosed, (4) a licensed dispensary for the purpose 6801
8152+of complying with sections 21a-408 to [21a-408n] 21a-408m, inclusive, or 6802
8153+(5) a research program subject, but only with respect to information 6803
8154+related to such research program subject. 6804
8155+Sec. 140. Subsection (a) of section 21a-10 of the general statutes is 6805
8156+repealed and the following is substituted in lieu thereof (Effective July 1, 6806
8157+2021): 6807
8158+(a) The Commissioner of Consumer Protection may establish, 6808
8159+combine or abolish divisions, sections or other units within the 6809
8160+Department of Consumer Protection and allocate powers, duties and 6810
8161+functions among such units, but no function vested by statute in any 6811
8162+officer, division, board, agency or other unit within the department shall 6812
8163+be removed from the jurisdiction of such officer, division, board, agency 6813
8164+or other unit under the provisions of this section. The Governor shall 6814
8165+appoint a deputy commissioner of the department, with the advice and 6815
8166+consent of one house of the General Assembly in accordance with the 6816
8167+provisions of section 4-7, who shall have responsibilities related to the 6817
8168+regulation of cannabis under RERACA. 6818
8169+Sec. 141. Subdivision (29) of section 21a-240 of the general statutes is 6819
8170+repealed and the following is substituted in lieu thereof (Effective July 1, 6820
8171+Bill No.
8172+
8173+
8174+
8175+LCO No. 10834 222 of 295
8176+
8177+2021): 6821
8178+(29) "Marijuana" means all parts of any plant, or species of the genus 6822
8179+cannabis or any infra specific taxon thereof, whether growing or not; the 6823
8180+seeds thereof; the resin extracted from any part of the plant; [and] every 6824
8181+compound, manufacture, salt, derivative, mixture, or preparation of 6825
8182+such plant, its seeds or resin, [. Marijuana does not include the mature 6826
8183+stalks of such plant, fiber produced from such stalks, oil or cake made 6827
8184+from the seeds of such plant, any other compound, manufacture, salt, 6828
8185+derivative, mixture or preparation of such mature stalks, except the 6829
8186+resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such 6830
8187+plant which is incapable of germination, or hemp, as defined in 7 USC 6831
8188+1639o, as amended from time to time. Included are] any product made 6832
8189+using hemp, as defined in section 22-61l, which exceeds three-tenths per 6833
8190+cent total THC concentration on a dry-weight basis; manufactured 6834
8191+cannabinoids, synthetic cannabinoids, except as provided in 6835
8192+subparagraph (E) of this subdivision; or cannabinon, cannabinol or 6836
8193+cannabidiol and chemical compounds which are similar to cannabinon, 6837
8194+cannabinol or cannabidiol in chemical structure or which are similar 6838
8195+thereto in physiological effect, [and which show a like potential for 6839
8196+abuse,] which are controlled substances under this chapter, [unless] 6840
8197+except cannabidiol derived from hemp, as defined in section 22-61l, with 6841
8198+a total THC concentration of not more than three-tenths per cent on a 6842
8199+dry-weight basis. "Marijuana" does not include: (A) The mature stalks 6843
8200+of such plant, fiber produced from such stalks, oil or cake made from 6844
8201+the seeds of such plant, any other compound, manufacture, salt, 6845
8202+derivative, mixture or preparation of such mature stalks, except the 6846
8203+resin extracted from such mature stalks or fiber, oil or cake; (B) the 6847
8204+sterilized seed of such plant which is incapable of germination; (C) 6848
8205+hemp, as defined in section 22-61l, with a total THC concentration of not 6849
8206+more than three-tenths per cent on a dry-weight basis; (D) any substance 6850
8207+approved by the federal Food and Drug Administration or successor 6851
8208+agency as a drug and reclassified in any schedule of controlled 6852
8209+substances or unscheduled by the federal Drug Enforcement 6853
8210+Bill No.
8211+
8212+
8213+
8214+LCO No. 10834 223 of 295
8215+
8216+Administration or successor agency which is included in the same 6854
8217+schedule designated by the federal Drug Enforcement Administration 6855
8218+or successor agency; or (E) synthetic cannabinoids which are controlled 6856
8219+substances that are designated by the Commissioner of Consumer 6857
8220+Protection, by whatever official, common, usual, chemical or trade name 6858
8221+designation, as controlled substances and are classified in the 6859
8222+appropriate schedule in accordance with subsections (i) and (j) of section 6860
8223+21a-243; 6861
8224+Sec. 142. Section 21a-240 of the general statutes is amended by adding 6862
8225+subdivisions (59) to (62), inclusive, as follows (Effective July 1, 2021): 6863
8226+(NEW) (59) "THC" means tetrahydrocannabinol, including, but not 6864
8227+limited to, delta-7, delta-8-tetrahydrocannabinol, delta-9-6865
8228+tetrahydrocannabinol and delta-10-tetrahydrocannabinol, and any 6866
8229+material, compound, mixture or preparation which contain their salts, 6867
8230+isomers and salts of isomers, whenever the existence of such salts, 6868
8231+isomers and salts of isomers is possible within the specific chemical 6869
8232+designation, regardless of the source, except: (A) Dronabinol substituted 6870
8233+in sesame oil and encapsulated in a soft gelatin capsule in a federal Food 6871
8234+and Drug Administration or successor agency approved product, or (B) 6872
8235+any tetrahydrocannabinol product that has been approved by the 6873
8236+federal Food and Drug Administration or successor agency to have a 6874
8237+medical use and reclassified in any schedule of controlled substances or 6875
8238+unscheduled by the federal Drug Enforcement Administration or 6876
8239+successor agency. 6877
8240+(NEW) (60) "Total THC" means the sum of the percentage by weight 6878
8241+of tetrahydrocannabinolic acid, multiplied by eight hundred seventy-6879
8242+seven-thousandths, plus the percentage of weight of 6880
8243+tetrahydrocannabinol. 6881
8244+(NEW) (61) "Manufactured cannabinoid" means cannabinoids 6882
8245+naturally occurring from a source other than marijuana that are similar 6883
8246+in chemical structure or physiological effect to cannabinoids derived 6884
8247+Bill No.
8248+
8249+
8250+
8251+LCO No. 10834 224 of 295
8252+
8253+from marijuana, as defined in section 21a-243, but are derived by a 6885
8254+chemical or biological process. 6886
8255+(NEW) (62) "Synthetic cannabinoid" means any material, compound, 6887
8256+mixture or preparation which contains any quantity of a substance 6888
8257+having a psychotropic response primarily by agonist activity at 6889
8258+cannabinoid-specific receptors affecting the central nervous system that 6890
8259+is produced artificially and not derived from an organic source naturally 6891
8260+containing cannabinoids, unless listed in another schedule pursuant to 6892
8261+section 21a-243. 6893
8262+Sec. 143. Subsection (q) of section 1-1 of the general statutes is 6894
8263+repealed and the following is substituted in lieu thereof (Effective July 1, 6895
8264+2021): 6896
8265+(q) Except as otherwise specifically defined, the words "agriculture" 6897
8266+and "farming" [shall] include cultivation of the soil, dairying, forestry, 6898
8267+raising or harvesting any agricultural or horticultural commodity, 6899
8268+including the raising, shearing, feeding, caring for, training and 6900
8269+management of livestock, including horses, bees, the production of 6901
8270+honey, poultry, fur-bearing animals and wildlife, and the raising or 6902
8271+harvesting of oysters, clams, mussels, other molluscan shellfish or fish; 6903
8272+the operation, management, conservation, improvement or 6904
8273+maintenance of a farm and its buildings, tools and equipment, or 6905
8274+salvaging timber or cleared land of brush or other debris left by a storm, 6906
8275+as an incident to such farming operations; the production or harvesting 6907
8276+of maple syrup or maple sugar, or any agricultural commodity, 6908
8277+including lumber, as an incident to ordinary farming operations or the 6909
8278+harvesting of mushrooms, the hatching of poultry, or the construction, 6910
8279+operation or maintenance of ditches, canals, reservoirs or waterways 6911
8280+used exclusively for farming purposes; handling, planting, drying, 6912
8281+packing, packaging, processing, freezing, grading, storing or delivering 6913
8282+to storage or to market, or to a carrier for transportation to market, or 6914
8283+for direct sale any agricultural or horticultural commodity as an incident 6915
8284+to ordinary farming operations, or, in the case of fruits and vegetables, 6916
8285+Bill No.
8286+
8287+
8288+
8289+LCO No. 10834 225 of 295
8290+
8291+as an incident to the preparation of such fruits or vegetables for market 6917
8292+or for direct sale. The term "farm" includes farm buildings, and 6918
8293+accessory buildings thereto, nurseries, orchards, ranges, greenhouses, 6919
8294+hoophouses and other temporary structures or other structures used 6920
8295+primarily for the raising and, as an incident to ordinary farming 6921
8296+operations, the sale of agricultural or horticultural commodities. The 6922
8297+terms "agriculture" and "farming" do not include the cultivation of 6923
8298+cannabis, as defined in section 1 of this act. The term "aquaculture" 6924
8299+means the farming of the waters of the state and tidal wetlands and the 6925
8300+production of protein food, including fish, oysters, clams, mussels and 6926
8301+other molluscan shellfish, on leased, franchised and public underwater 6927
8302+farm lands. Nothing herein shall restrict the power of a local zoning 6928
8303+authority under chapter 124. 6929
8304+Sec. 144. (Effective from passage) Not later than January 1, 2025, the 6930
8305+Social Equity Council established pursuant to section 22 of this act shall 6931
8306+report to the Governor and, in accordance with the provisions of section 6932
8307+11-4a of the general statutes, to the joint standing committees of the 6933
8308+General Assembly having cognizance of matters relating to the judiciary 6934
8309+and general law, data regarding the location of cannabis establishments 6935
8310+and whether such establishments are predominantly located in 6936
8311+communities of color. 6937
8312+Sec. 145. (NEW) (Effective July 1, 2021) (a) In order for a dispensary 6938
8313+facility to convert its license to a hybrid-retailer license, a dispensary 6939
8314+facility shall have a workforce development plan that has been 6940
8315+approved by the Social Equity Council under section 22 of this act and 6941
8316+shall either pay the fee of one million dollars established in section 34 of 6942
8317+this act or, if such dispensary facility has committed to create one equity 6943
8318+joint venture to be approved by the Social Equity Council for ownership 6944
8319+purposes under section 22 of this act and subsequent to obtaining such 6945
8320+approval, approved by the department for licensure under this section, 6946
8321+pay a reduced fee of five hundred thousand dollars. 6947
8322+(b) Any equity joint venture created under this section shall be 6948
8323+Bill No.
8324+
8325+
8326+
8327+LCO No. 10834 226 of 295
8328+
8329+created for the development of a cannabis establishment business with 6949
8330+a social equity applicant that owns at least fifty per cent of such business 6950
8331+and where the dispensary facility owns at most fifty per cent of such 6951
8332+business. 6952
8333+(c) An equity joint venture applicant shall submit an application to 6953
8334+the Social Equity Council that may include, but need not be limited to, 6954
8335+evidence of business formation, ownership allocation, terms of 6955
8336+ownership and financing and proof of social equity applicant 6956
8337+involvement. The dispensary facility or social equity applicant of an 6957
8338+equity joint venture shall submit an application to the Social Equity 6958
8339+Council that may include, but need not be limited to, evidence of 6959
8340+business formation, ownership allocation, terms of ownership and 6960
8341+financing and proof of social equity applicant involvement. The 6961
8342+dispensary facility or social equity applicant of an equity joint venture 6962
8343+shall submit to the Social Equity Council information including, but not 6963
8344+limited to, the organizing documents of the entity that outline the 6964
8345+ownership stake of each backer, initial backer investment and payout 6965
8346+information to enable the council to determine the terms of ownership. 6966
8347+(d) Upon receipt of written approval of the equity joint venture by 6967
8348+the Social Equity Council, the dispensary facility or social equity 6968
8349+applicant of the equity joint venture shall apply for a license from the 6969
8350+department in the same form as required by all other licensees of the 6970
8351+same license type and subject to the same fees as required by all other 6971
8352+licensees of the same license type. 6972
8353+(e) A dispensary facility, including the backers of such dispensary 6973
8354+facility, shall not increase its ownership in an equity joint venture in 6974
8355+excess of fifty per cent during the seven-year period after a license is 6975
8356+issued by the department under this section. 6976
8357+(f) Equity joint ventures that are retailers or hybrid retailers that share 6977
8358+a common dispensary facility or dispensary facility backer owner shall 6978
8359+not be located within twenty miles of another commonly owned equity 6979
8360+Bill No.
8361+
8362+
8363+
8364+LCO No. 10834 227 of 295
8365+
8366+joint venture. 6980
8367+(g) If a dispensary facility has paid the reduced conversion fee in 6981
8368+accordance with subsection (a) of this section, and did not subsequently 6982
8369+create one equity joint venture under this section, the dispensary facility 6983
8370+shall be liable for the full conversion fee of one million dollars, 6984
8371+established under section 34 of this act. 6985
8372+Sec. 146. (NEW) (Effective January 1, 2022) (a) There is established, 6986
8373+within the Department of Public Health, a program to collect and 6987
8374+abstract timely public health information on cannabis associated illness 6988
8375+and adverse events, nonfatal and fatal injuries and cannabis use 6989
8376+poisoning data, from state and national data sources. Such program 6990
8377+shall include, but need not be limited to, the following: (1) Serving as a 6991
8378+data coordinator, analysis and reporting source of cannabis data and 6992
8379+statistics that include, but are not limited to, illness, adverse events, 6993
8380+injury, pregnancy outcomes, childhood poisoning, adult and youth use, 6994
8381+cannabis-related emergency room visits and urgent care episodic 6995
8382+mental health visits; (2) performing epidemiologic analysis on 6996
8383+demographic, health and mortality data to identify risk factors and 6997
8384+changes in trends; (3) working with the Departments of Consumer 6998
8385+Protection and Mental Health and Addiction Services and any other 6999
8386+entity that the Commissioner of Public Health deems necessary to 7000
8387+disseminate public health alerts; and (4) sharing state-wide data to 7001
8388+inform policy makers and citizens on the impact of cannabis legalization 7002
8389+by posting public health prevention information and cannabis use 7003
8390+associated morbidity and mortality statistics to the Department of 7004
8391+Public Health's Internet web site. 7005
8392+(b) The Department of Public Health shall, not later than April 1, 2023, 7006
8393+and annually thereafter, report in accordance with the provisions of 7007
8394+section 11-4a of the general statutes, to the joint standing committees of 7008
8395+the General Assembly with cognizance relating to public health, human 7009
8396+services, and appropriations and the budgets of state agencies about the 7010
8397+public health information on cannabis collected by the department 7011
8398+Bill No.
8399+
8400+
8401+
8402+LCO No. 10834 228 of 295
8403+
8404+under subsection (a) of this section. 7012
8405+Sec. 147. (NEW) (Effective July 1, 2021) (a) As used in this section, 7013
8406+"producer", "cultivator", "micro-cultivator", "product manufacturer", 7014
8407+"hybrid retailer" and "retailer" have the same meanings as provided in 7015
8408+section 1 of this act; and "hemp" and "hemp products" have the same 7016
8409+meanings as provided in section 22-61l of the general statutes. 7017
8410+(b) Any producer, cultivator, micro-cultivator and product 7018
8411+manufacturer may manufacture, market, cultivate or store hemp and 7019
8412+hemp products in accordance with the provisions of chapter 424 of the 7020
8413+general statutes and any regulations adopted under said chapter, except 7021
8414+that a producer, cultivator, micro-cultivator and product manufacturer 7022
8415+may obtain hemp and hemp products from a person authorized under 7023
8416+the laws of this state or another state, territory or possession of the 7024
8417+United States or another sovereign entity to possess and sell such hemp 7025
8418+and hemp products. 7026
8419+(c) Hemp or hemp products purchased by a producer, cultivator, 7027
8420+micro-cultivator or product manufacturer from a third party shall be 7028
8421+tracked as a separate batch throughout the manufacturing process in 7029
8422+order to document the disposition of such hemp or hemp products. 7030
8423+Once hemp or hemp products are received by a producer, cultivator, 7031
8424+micro-cultivator or product manufacturer, such hemp or hemp products 7032
8425+shall be deemed cannabis and shall comply with the requirements for 7033
8426+cannabis contained in the applicable provisions of the general statutes 7034
8427+and any regulations adopted under such provisions. A producer, 7035
8428+cultivator, micro-cultivator and product manufacturer shall retain a 7036
8429+copy of the certificate of analysis for purchased hemp or hemp products 7037
8430+and invoice and transport documents that evidence the quantity 7038
8431+purchased and date received. 7039
8432+(d) No hemp or hemp products shall be sold or distributed within a 7040
8433+dispensary facility that is licensed under chapter 420f of the general 7041
8434+statutes or the business premises of a hybrid retailer or a retailer. 7042
8435+Bill No.
8436+
8437+
8438+
8439+LCO No. 10834 229 of 295
8440+
8441+Sec. 148. (NEW) (Effective July 1, 2021) (a) As used in this section, 7043
8442+"municipality" means any town, city or borough, consolidated town and 7044
8443+city or consolidated town and borough, and a district establishing a 7045
8444+zoning commission under section 7-326 of the general statutes. 7046
8445+(b) Any municipality may, by amendment to such municipality's 7047
8446+zoning regulations or by local ordinance, (1) prohibit the establishment 7048
8447+of a cannabis establishment, (2) establish reasonable restrictions 7049
8448+regarding the hours and signage within the limits of such municipality, 7050
8449+or (3) establish restrictions on the proximity of cannabis establishments 7051
8450+to any of the establishments listed in subsection (a) of subdivision (1) of 7052
8451+section 30-46 of the general statutes. The chief zoning official of a 7053
8452+municipality shall report, in writing, any zoning changes adopted by the 7054
8453+municipality regarding cannabis establishments pursuant to this 7055
8454+subsection to the Secretary of the Office of Policy and Management and 7056
8455+to the department not later than fourteen days after the adoption of such 7057
8456+changes. 7058
8457+(c) Unless otherwise provided for by a municipality through its 7059
8458+zoning regulations or ordinances, a cannabis establishment shall be 7060
8459+zoned as if for any other similar use, other than a cannabis 7061
8460+establishment, would be zoned. 7062
8461+(d) Any restriction regarding hours, zoning and signage of a cannabis 7063
8462+establishment adopted by a municipality shall not apply to an existing 7064
8463+cannabis establishment located in such municipality if such cannabis 7065
8464+establishment does not convert to a different license type, for a period 7066
8465+of five years after the adoption of such prohibition or restriction. 7067
8466+(e) Until June 30, 2024, no municipality shall grant zoning approval 7068
8467+for more retailers or micro-cultivators than a number that would allow 7069
8468+for one retailer and one micro-cultivator for every twenty-five thousand 7070
8469+residents of such municipality, as determined by the most recent 7071
8470+decennial census. 7072
8471+(f) On and after July 1, 2024, the Commissioner of Consumer 7073
8472+Bill No.
8473+
8474+
8475+
8476+LCO No. 10834 230 of 295
8477+
8478+Protection may, in the discretion of the commissioner, post on the 7074
8479+Department of Consumer Protection's Internet web site a specific 7075
8480+number of residents such that no municipality shall grant zoning 7076
8481+approval for more retailers or micro-cultivators than would result in one 7077
8482+retailer and one micro-cultivator for every such specific number of 7078
8483+residents, as determined by the commissioner. Any such determination 7079
8484+shall be made to ensure reasonable access to cannabis by consumers. 7080
8485+(g) For purposes of ensuring compliance with this section, a special 7081
8486+permit or other affirmative approval shall be required for any retailer or 7082
8487+micro-cultivator seeking to be located within a municipality. A 7083
8488+municipality shall not grant such special permit or approval for any 7084
8489+retailer or micro-cultivator applying for such special permit or approval 7085
8490+if that would result in an amount that (1) until June 30, 2024, exceeds the 7086
8491+density cap of one retailer and one micro-cultivator for every twenty-7087
8492+five thousand residents, and (2) on and after July 1, 2024, exceeds any 7088
8493+density cap determined by the commissioner under subsection (f) of this 7089
8494+section. When awarding final licenses for a retailer or micro-cultivator, 7090
8495+the Department of Consumer Protection may assume that, if an 7091
8496+applicant for such final license has obtained zoning approval, the 7092
8497+approval of a final license for such applicant shall not result in a 7093
8498+violation of this section or any other municipal restrictions on the 7094
8499+number or density of cannabis establishments. 7095
8500+Sec. 149. (NEW) (Effective July 1, 2021) (a) Thirty days after the Social 7096
8501+Equity Council posts the criteria for social equity applicants on its 7097
8502+Internet web site, the department shall open up a three-month 7098
8503+application period for cultivators during which a social equity applicant 7099
8504+may apply to the department for a provisional cultivator license and 7100
8505+final license for a cultivation facility located in a disproportionately 7101
8506+impacted area without participating in a lottery or request for proposals. 7102
8507+Such application for a provisional license shall be granted upon (1) 7103
8508+verification by the Social Equity Council that the applicant meets the 7104
8509+criteria for a social equity applicant; (2) the applicant submitting to and 7105
8510+passing a criminal background check; and (3) payment of a three-7106
8511+Bill No.
8512+
8513+
8514+
8515+LCO No. 10834 231 of 295
8516+
8517+million-dollar fee to be deposited in the Social Equity and Innovation 7107
8518+Fund established in section 128 of this act. Upon granting such 7108
8519+provisional license, the department shall notify the applicant of the 7109
8520+project labor agreement requirements of section 103 of this act. 7110
8521+(b) To obtain a final cultivator license under this section, the social 7111
8522+equity applicant shall provide evidence of (1) a contract with an entity 7112
8523+providing an approved electronic tracking system as described in 7113
8524+section 56 of this act; (2) a right to exclusively occupy a location in a 7114
8525+disproportionately impacted area at which the cultivation facility will 7115
8526+be located; (3) any necessary local zoning approval and permits for the 7116
8527+cultivation facility; (4) a business plan; (5) a social equity plan approved 7117
8528+by the Social Equity Council; (6) written policies for preventing 7118
8529+diversion and misuse of cannabis and sales of cannabis to underage 7119
8530+persons; and (7) blueprints of the facility and all other security 7120
8531+requirements of the department. 7121
8532+Sec. 150. (NEW) (Effective July 1, 2021) (a) The Governor may enter 7122
8533+into one or more compacts, amendments to existing compacts, 7123
8534+memoranda of understanding or agreements with the Mashantucket 7124
8535+Pequot Tribe or with the Mohegan Tribe of Indians of Connecticut, or 7125
8536+both, to coordinate the administration and execution of laws and 7126
8537+regulations of this state, as set forth in RERACA, and of laws and 7127
8538+regulations of said tribes relating to the possession, delivery, 7128
8539+production, processing or use of cannabis. Any such compact, 7129
8540+amendment to existing compact, memorandum of understanding or 7130
8541+agreement may contain provisions including, but not limited to, those 7131
8542+relating to: 7132
8543+(1) Criminal and civil law enforcement; 7133
8544+(2) Laws and regulations relating to the possession, delivery, 7134
8545+production, processing or use of cannabis; and 7135
8546+(3) Laws and regulations relating to taxation. 7136
8547+Bill No.
8548+
8549+
8550+
8551+LCO No. 10834 232 of 295
8552+
8553+(b) Any compact, amendment to existing compact, memorandum of 7137
8554+understanding or agreement entered into pursuant to subsection (a) of 7138
8555+this section shall: 7139
8556+(1) Provide for the preservation of public health and safety; 7140
8557+(2) Ensure the security of any cannabis production, processing, 7141
8558+testing or retail facilities on tribal land; and 7142
8559+(3) Regulate any business involving cannabis that passes between the 7143
8560+reservation of the tribal nation that is a party to such compact, 7144
8561+amendment to existing compact, memorandum of understanding or 7145
8562+agreement, and other areas in the state. 7146
8563+(c) Notwithstanding the provisions of section 3-6c of the general 7147
8564+statutes, any compact, amendment to existing compact, memorandum 7148
8565+of understanding or agreement, or renewal thereof, entered into by the 7149
8566+Governor with the Mashantucket Pequot Tribe or with the Mohegan 7150
8567+Tribe of Indians of Connecticut pursuant to subsection (a) of this section, 7151
8568+shall be considered approved by the General Assembly under section 3-7152
8569+6c of the general statutes upon the Governor entering into such compact, 7153
8570+amendment to existing compact, memorandum of understanding or 7154
8571+agreement, or renewal thereof, without any further action required by 7155
8572+the General Assembly. 7156
8573+Sec. 151. (Effective from passage) The Legislative Commissioners' Office 7157
8574+shall, in codifying the provisions of this act, make such technical, 7158
8575+grammatical and punctuation changes as are necessary to carry out the 7159
8576+purposes of this act, including, but not limited to, correcting inaccurate 7160
8577+internal references. 7161
8578+Sec. 152. Section 32-39 of the general statutes is repealed and the 7162
8579+following is substituted in lieu thereof (Effective July 1, 2021): 7163
8580+The purposes of the corporation shall be to stimulate and encourage 7164
8581+the research and development of new technologies, businesses and 7165
8582+Bill No.
8583+
8584+
8585+
8586+LCO No. 10834 233 of 295
8587+
8588+products, to encourage the creation and transfer of new technologies, to 7166
8589+assist existing businesses in adopting current and innovative 7167
8590+technological processes, to stimulate and provide services to industry 7168
8591+that will advance the adoption and utilization of technology, to achieve 7169
8592+improvements in the quality of products and services, to stimulate and 7170
8593+encourage the development and operation of new and existing science 7171
8594+parks and incubator facilities, and to promote science, engineering, 7172
8595+mathematics and other disciplines that are essential to the development 7173
8596+and application of technology within Connecticut by the infusion of 7174
8597+financial aid for research, invention and innovation in situations in 7175
8598+which such financial aid would not otherwise be reasonably available 7176
8599+from commercial or other sources, and for these purposes the 7177
8600+corporation shall have the following powers: 7178
8601+(1) To have perpetual succession as a body corporate and to adopt 7179
8602+bylaws, policies and procedures for the regulation of its affairs and 7180
8603+conduct of its businesses as provided in section 32-36; 7181
8604+(2) To enter into venture agreements with persons, upon such terms 7182
8605+and on such conditions as are consistent with the purposes of this 7183
8606+chapter, for the advancement of financial aid to such persons for the 7184
8607+research, development and application of specific technologies, 7185
8608+products, procedures, services and techniques, to be developed and 7186
8609+produced in this state, and to condition such agreements upon 7187
8610+contractual assurances that the benefits of increasing or maintaining 7188
8611+employment and tax revenues shall remain in this state and shall accrue 7189
8612+to it; 7190
8613+(3) To solicit, receive and accept aid, grants or contributions from any 7191
8614+source of money, property or labor or other things of value, to be held, 7192
8615+used and applied to carry out the purposes of this chapter, subject to the 7193
8616+conditions upon which such grants and contributions may be made, 7194
8617+including but not limited to, gifts or grants from any department or 7195
8618+agency of the United States or the state; 7196
8619+Bill No.
8620+
8621+
8622+
8623+LCO No. 10834 234 of 295
8624+
8625+(4) To invest in, acquire, lease, purchase, own, manage, hold and 7197
8626+dispose of real property and lease, convey or deal in or enter into 7198
8627+agreements with respect to such property on any terms necessary or 7199
8628+incidental to the carrying out of these purposes; provided, however, (A) 7200
8629+all such acquisitions of real property for the corporation's own use with 7201
8630+amounts appropriated by the state to the corporation or with the 7202
8631+proceeds of bonds supported by the full faith and credit of the state shall 7203
8632+be subject to the approval of the Secretary of the Office of Policy and 7204
8633+Management and the provisions of section 4b-23, and (B) upon 7205
8634+termination of a lease executed on or before, May 1, 2016, for its main 7206
8635+office, the corporation shall consider relocating such main office to a 7207
8636+designated innovation place, as defined in section 32-39j, and 7208
8637+establishing a satellite office in one or more designated innovation 7209
8638+places; 7210
8639+(5) To borrow money or to guarantee a return to the investors in or 7211
8640+lenders to any capital initiative, to the extent permitted under this 7212
8641+chapter; 7213
8642+(6) To hold patents, copyrights, trademarks, marketing rights, 7214
8643+licenses, or any other evidences of protection or exclusivity as to any 7215
8644+products as defined herein, issued under the laws of the United States 7216
8645+or any state or any nation; 7217
8646+(7) To employ such assistants, agents and other employees as may be 7218
8647+necessary or desirable, which employees shall be exempt from the 7219
8648+classified service and shall not be employees, as defined in subsection 7220
8649+(b) of section 5-270; establish all necessary or appropriate personnel 7221
8650+practices and policies, including those relating to hiring, promotion, 7222
8651+compensation, retirement and collective bargaining, which need not be 7223
8652+in accordance with chapter 68, and the corporation shall not be an 7224
8653+employer, as defined in subsection (a) of section 5-270; and engage 7225
8654+consultants, attorneys and appraisers as may be necessary or desirable 7226
8655+to carry out its purposes in accordance with this chapter; 7227
8656+Bill No.
8657+
8658+
8659+
8660+LCO No. 10834 235 of 295
8661+
8662+(8) To make and enter into all contracts and agreements necessary or 7228
8663+incidental to the performance of its duties and the execution of its 7229
8664+powers under this chapter; 7230
8665+(9) To sue and be sued, plead and be impleaded, adopt a seal and 7231
8666+alter the same at pleasure; 7232
8667+(10) With the approval of the State Treasurer, to invest any funds not 7233
8668+needed for immediate use or disbursement, including any funds held in 7234
8669+reserve, in obligations issued or guaranteed by the United States of 7235
8670+America or the state of Connecticut and in other obligations which are 7236
8671+legal investments for retirement funds in this state; 7237
8672+(11) To procure insurance against any loss in connection with its 7238
8673+property and other assets in such amounts and from such insurers as it 7239
8674+deems desirable; 7240
8675+(12) To the extent permitted under its contract with other persons, to 7241
8676+consent to any termination, modification, forgiveness or other change of 7242
8677+any term of any contractual right, payment, royalty, contract or 7243
8678+agreement of any kind to which the corporation is a party; 7244
8679+(13) To do anything necessary and convenient to render the bonds to 7245
8680+be issued under section 32-41 more marketable; 7246
8681+(14) To acquire, lease, purchase, own, manage, hold and dispose of 7247
8682+personal property, and lease, convey or deal in or enter into agreements 7248
8683+with respect to such property on any terms necessary or incidental to 7249
8684+the carrying out of these purposes; 7250
8685+(15) In connection with any application for assistance under this 7251
8686+chapter, or commitments therefor, to make and collect such fees as the 7252
8687+corporation shall determine to be reasonable; 7253
8688+(16) To enter into venture agreements with persons, upon such terms 7254
8689+and conditions as are consistent with the purposes of this chapter to 7255
8690+provide financial aid to such persons for the marketing of new and 7256
8691+Bill No.
8692+
8693+
8694+
8695+LCO No. 10834 236 of 295
8696+
8697+innovative services based on the use of a specific technology, product, 7257
8698+device, technique, service or process; 7258
8699+(17) To enter into limited partnerships or other contractual 7259
8700+arrangements with private and public sector entities as the corporation 7260
8701+deems necessary to provide financial aid which shall be used to make 7261
8702+investments of seed venture capital in companies based in or relocating 7262
8703+to the state in a manner which shall foster additional capital investment, 7263
8704+the establishment of new businesses, the creation of new jobs and 7264
8705+additional commercially-oriented research and development activity. 7265
8706+The repayment of such financial aid shall be structured in such manner 7266
8707+as the corporation deems will best encourage private sector 7267
8708+participation in such limited partnerships or other arrangements. The 7268
8709+board of directors, chief executive officer, officers and staff of the 7269
8710+corporation may serve as members of any advisory or other board 7270
8711+which may be established to carry out the purposes of this subdivision; 7271
8712+(18) To account for and audit funds of the corporation and funds of 7272
8713+any recipients of financial aid from the corporation; 7273
8714+(19) To advise the Governor, the General Assembly, the 7274
8715+Commissioner of Economic and Community Development and the 7275
8716+president of the Connecticut State Colleges and Universities on matters 7276
8717+relating to science, engineering and technology which may have an 7277
8718+impact on state policies, programs, employers and residents, and on job 7278
8719+creation and retention; 7279
8720+(20) To promote technology-based development in the state; 7280
8721+(21) To encourage and promote the establishment of and, within 7281
8722+available resources, to provide financial aid to advanced technology 7282
8723+centers; 7283
8724+(22) To maintain an inventory of data and information concerning 7284
8725+state and federal programs which are related to the purposes of this 7285
8726+chapter and to serve as a clearinghouse and referral service for such data 7286
8727+Bill No.
8728+
8729+
8730+
8731+LCO No. 10834 237 of 295
8732+
8733+and information, provided such power shall be transferred to CTNext 7287
8734+on September 1, 2016; 7288
8735+(23) To conduct and encourage research and studies relating to 7289
8736+technological development; 7290
8737+(24) To provide technical or other assistance and, within available 7291
8738+resources, to provide financial aid to the Connecticut Academy of 7292
8739+Science and Engineering, Incorporated, in order to further the purposes 7293
8740+of this chapter; 7294
8741+(25) To recommend a science and technology agenda for the state that 7295
8742+will promote the formation of public and private partnerships for the 7296
8743+purpose of stimulating research, new business formation and growth 7297
8744+and job creation; 7298
8745+(26) To encourage and provide technical assistance and, within 7299
8746+available resources, to provide financial aid to existing manufacturers 7300
8747+and other businesses in the process of adopting innovative technology 7301
8748+and new state-of-the-art processes and techniques; 7302
8749+(27) To recommend state goals for technological development and to 7303
8750+establish policies and strategies for developing and assisting 7304
8751+technology-based companies and for attracting such companies to the 7305
8752+state; 7306
8753+(28) To promote and encourage and, within available resources, to 7307
8754+provide financial aid for the establishment, maintenance and operation 7308
8755+of incubator facilities, provided such power shall be transferred to 7309
8756+CTNext on September 1, 2016; 7310
8757+(29) To promote and encourage the coordination of public and 7311
8758+private resources and activities within the state in order to assist 7312
8759+technology-based entrepreneurs and business enterprises; 7313
8760+(30) To provide services to industry that will stimulate and advance 7314
8761+the adoption and utilization of technology and achieve improvements 7315
8762+Bill No.
8763+
8764+
8765+
8766+LCO No. 10834 238 of 295
8767+
8768+in the quality of products and services; 7316
8769+(31) To promote science, engineering, mathematics and other 7317
8770+disciplines that are essential to the development and application of 7318
8771+technology; 7319
8772+(32) To coordinate its efforts with existing business outreach centers, 7320
8773+as described in section 32-9qq; 7321
8774+(33) To do all acts and things necessary and convenient to carry out 7322
8775+the purposes of this chapter; 7323
8776+(34) To accept from the department: (A) Financial assistance, (B) 7324
8777+revenues or the right to receive revenues with respect to any program 7325
8778+under the supervision of the department, and (C) loan assets or equity 7326
8779+interests in connection with any program under the supervision of the 7327
8780+department; to make advances to and reimburse the department for any 7328
8781+expenses incurred or to be incurred by it in the delivery of such 7329
8782+assistance, revenues, rights, assets, or interests; to enter into agreements 7330
8783+for the delivery of services by the corporation, in consultation with the 7331
8784+department and the Connecticut Housing Finance Authority, to third 7332
8785+parties, which agreements may include provisions for payment by the 7333
8786+department to the corporation for the delivery of such services; and to 7334
8787+enter into agreements with the department or with the Connecticut 7335
8788+Housing Finance Authority for the sharing of assistants, agents and 7336
8789+other consultants, professionals and employees, and facilities and other 7337
8790+real and personal property used in the conduct of the corporation's 7338
8791+affairs; 7339
8792+(35) To transfer to the department: (A) Financial assistance, (B) 7340
8793+revenues or the right to receive revenues with respect to any program 7341
8794+under the supervision of the corporation, and (C) loan assets or equity 7342
8795+interests in connection with any program under the supervision of the 7343
8796+corporation, provided the transfer of such financial assistance, revenues, 7344
8797+rights, assets or interests is determined by the corporation to be 7345
8798+practicable, within the constraints and not inconsistent with the 7346
8799+Bill No.
8800+
8801+
8802+
8803+LCO No. 10834 239 of 295
8804+
8805+fiduciary obligations of the corporation imposed upon or established 7347
8806+upon the corporation by any provision of the general statutes, the 7348
8807+corporation's bond resolutions or any other agreement or contract of the 7349
8808+corporation and to have no adverse effect on the tax-exempt status of 7350
8809+any bonds of the state; 7351
8810+(36) With respect to any capital initiative, to create, with one or more 7352
8811+persons, one or more affiliates and to provide, directly or indirectly, for 7353
8812+the contribution of capital to any such affiliate, each such affiliate being 7354
8813+expressly authorized to exercise on such affiliate's own behalf all powers 7355
8814+which the corporation may exercise under this section, in addition to 7356
8815+such other powers provided to it by law; 7357
8816+(37) To provide financial aid to enable biotechnology, bioscience and 7358
8817+other technology companies to lease, acquire, construct, maintain, 7359
8818+repair, replace or otherwise obtain and maintain production, testing, 7360
8819+research, development, manufacturing, laboratory and related and 7361
8820+other facilities, improvements and equipment; 7362
8821+(38) To provide financial aid to persons developing smart buildings, 7363
8822+as defined in section 32-23d, incubator facilities or other information 7364
8823+technology intensive office and laboratory space; 7365
8824+(39) To provide financial aid to persons developing or constructing 7366
8825+the basic buildings, facilities or installations needed for the functioning 7367
8826+of the media and motion picture industry in this state; 7368
8827+(40) To coordinate the development and implementation of strategies 7369
8828+regarding technology-based talent and innovation among state and 7370
8829+quasi-public agencies, including the creation and administration of the 7371
8830+Connecticut Small Business Innovation Research Office to act as a 7372
8831+centralized clearinghouse and provide technical assistance to applicants 7373
8832+in developing small business innovation research programs in 7374
8833+conformity with the federal program established pursuant to the Small 7375
8834+Business Research and Development Enhancement Act of 1992, P.L. 102-7376
8835+564, as amended, and other proposals, provided such power shall be 7377
8836+Bill No.
8837+
8838+
8839+
8840+LCO No. 10834 240 of 295
8841+
8842+transferred to CTNext on September 1, 2016; 7378
8843+(41) To invest in private equity investment funds, or funds of funds, 7379
8844+and enter into related agreements of limited partnership or other 7380
8845+contractual arrangements related to such funds. Any such fund may be 7381
8846+organized and managed, and may invest in businesses, located within 7382
8847+or outside the state, provided the characteristics, investment objectives 7383
8848+and criteria for such fund shall be consistent with policies adopted by 7384
8849+the corporation's board of directors, which shall include requirements 7385
8850+that the fund manager have or establish an office in the state and that 7386
8851+the fund manager agrees to make diligent and good faith efforts to 7387
8852+source deals and make fund investments such that an amount at least 7388
8853+equal to the amount invested in such fund by the corporation and not 7389
8854+otherwise returned, net of customary fees, expenses and closing costs 7390
8855+borne ratably by fund investors, is invested by or through such fund in 7391
8856+a manner that supports (A) the growth of business operations of 7392
8857+companies in the technology, bioscience or precision manufacturing 7393
8858+sectors in the state, or (B) the relocation of companies in such sectors to 7394
8859+the state; 7395
8860+(42) To invest up to five million dollars in a venture capital funding 7396
8861+round of an out-of-state business that has raised private capital, has 7397
8862+been incorporated for ten years or less and whose annual gross revenue 7398
8863+has increased by twenty per cent for each of the three previous income 7399
8864+years of such business, provided (A) any such investment is contingent 7400
8865+upon the business relocating its operations to the state, (B) no 7401
8866+investment shall exceed fifty per cent of the total amount raised by the 7402
8867+business in such venture capital funding round, and (C) the total 7403
8868+amount of investments pursuant to this section shall not exceed ten 7404
8869+million dollars; 7405
8870+(43) To establish a program to solicit private investment from state 7406
8871+residents that Connecticut Innovations, Incorporated will invest in a 7407
8872+private investment fund or funds of funds pursuant to subdivision (41) 7408
8873+of this section or subsections (e) and (g) of section 32-41cc on behalf of 7409
8874+Bill No.
8875+
8876+
8877+
8878+LCO No. 10834 241 of 295
8879+
8880+such residents, provided any such private investment shall be invested 7410
8881+by Connecticut Innovations, Incorporated in venture capital firms 7411
8882+having offices located in the state; [and] 7412
8883+(44) To create financial incentives to induce (A) out-of-state 7413
8884+businesses that have raised private capital, have been incorporated for 7414
8885+ten years or less and whose annual gross revenue has increased by 7415
8886+twenty per cent for each of the three previous income years of such 7416
8887+business, to relocate to Connecticut, provided the corporation has made 7417
8888+an equity investment in such business and (B) out-of-state venture 7418
8889+capital firms to relocate to Connecticut, provided the corporation is 7419
8890+investing funds in such firm as a limited partner; [.] and 7420
8891+(45) To provide financial aid, including in the form of equity 7421
8892+investments, to cannabis establishments, as defined in section 1 of this 7422
8893+act. 7423
8894+Sec. 153. (NEW) (Effective January 1, 2022) Not later than January 1, 7424
8895+2022, the Police Officer Standards and Training Council shall issue 7425
8896+guidance concerning how police officers shall determine whether the 7426
8897+cannabis possessed by a person is in excess of such person's possession 7427
8898+limit pursuant to subsection (a) of section 21a-279a of the general 7428
8899+statutes. 7429
8900+Sec. 154. Subsection (h) of section 51-164n of the general statutes is 7430
8901+repealed and the following is substituted in lieu thereof (Effective July 1, 7431
8902+2021): 7432
8903+(h) In any trial for the alleged commission of an infraction, the 7433
8904+practice, procedure, rules of evidence and burden of proof applicable in 7434
8905+criminal proceedings shall apply. [, except that in any trial for the 7435
8906+alleged commission of an infraction under subsection (d) of section 21a-7436
8907+267, the burden of proof shall be by the preponderance of the evidence.] 7437
8908+Any person found guilty at the trial or upon a plea shall be guilty of the 7438
8909+commission of an infraction and shall be fined not less than thirty-five 7439
8910+dollars or more than ninety dollars or, if the infraction is for a violation 7440
8911+Bill No.
8912+
8913+
8914+
8915+LCO No. 10834 242 of 295
8916+
8917+of any provision of title 14, not less than fifty dollars or more than ninety 7441
8918+dollars. 7442
8919+Sec. 155. Subdivision (4) of subsection (c) of section 19a-343 of the 7443
8920+general statutes is repealed and the following is substituted in lieu 7444
8921+thereof (Effective July 1, 2021): 7445
8922+(4) Offenses for the sale of controlled substances, possession of 7446
8923+controlled substances with intent to sell, or maintaining a drug factory 7447
8924+under section 21a-277, 21a-278 or 21a-278a or section 13 of this act use of 7448
8925+the property by persons possessing controlled substances under section 7449
8926+21a-279. Nothing in this section shall prevent the state from also 7450
8927+proceeding against property under section 21a-259 or 54-36h. 7451
8928+Sec. 156. Subsection (a) of section 53-394 of the general statutes is 7452
8929+repealed and the following is substituted in lieu thereof (Effective July 1, 7453
8930+2021): 7454
8931+(a) "Racketeering activity" means to commit, to attempt to commit, to 7455
8932+conspire to commit, or to intentionally aid, solicit, coerce or intimidate 7456
8933+another person to commit any crime which, at the time of its 7457
8934+commission, was a felony chargeable by indictment or information 7458
8935+under the following provisions of the general statutes then applicable: 7459
8936+(1) Sections 53-278a to 53-278f, inclusive, relating to gambling activity; 7460
8937+(2) chapter 949a, relating to extortionate credit transactions; (3) chapter 7461
8938+952, part IV, relating to homicide; (4) chapter 952, part V, relating to 7462
8939+assault, except assault with a motor vehicle as defined in section 53a-7463
8940+60d; (5) sections 53a-85 to 53a-88, inclusive, relating to prostitution; (6) 7464
8941+chapter 952, part VII, relating to kidnapping; (7) chapter 952, part VIII, 7465
8942+relating to burglary, arson and related offenses; (8) chapter 952, part IX, 7466
8943+relating to larceny, robbery and related offenses; (9) chapter 952, part X, 7467
8944+relating to forgery and related offenses; (10) chapter 952, part XI, relating 7468
8945+to bribery and related offenses; (11) chapter 952, part XX, relating to 7469
8946+obscenity and related offenses; (12) chapter 952, part XIX, relating to 7470
8947+coercion; (13) sections 53-202, 53-206, 53a-211 and 53a-212, relating to 7471
8948+Bill No.
8949+
8950+
8951+
8952+LCO No. 10834 243 of 295
8953+
8954+weapons and firearms; (14) section 53-80a, relating to the manufacture 7472
8955+of bombs; (15) sections 36b-2 to 36b-34, inclusive, relating to securities 7473
8956+fraud and related offenses; (16) sections 21a-277, 21a-278 and 21a-279, 7474
8957+and section 13 of this act, relating to drugs; (17) section 22a-131a, relating 7475
8958+to hazardous waste; (18) chapter 952, part XXIII, relating to money 7476
8959+laundering; (19) section 53a-192a, relating to trafficking in persons; or 7477
8960+(20) subsection (b) of section 12-304 or section 12-308, relating to 7478
8961+cigarettes, or subsection (c) of section 12-330f or subsection (b) of section 7479
8962+12-330j, relating to tobacco products. 7480
8963+Sec. 157. Subsections (a) to (c), inclusive, of section 54-33g of the 7481
8964+general statutes are repealed and the following is substituted in lieu 7482
8965+thereof (Effective July 1, 2021): 7483
8966+(a) When any property believed to be possessed, controlled, designed 7484
8967+or intended for use or which is or has been used or which may be used 7485
8968+as a means of committing any criminal offense, or which constitutes the 7486
8969+proceeds of the commission of any criminal offense, except a violation 7487
8970+of section 21a-267, 21a-277, 21a-278 or 21a-279, or section 13 of this act, 7488
8971+has been seized as a result of a lawful arrest or a lawful search that 7489
8972+results in an arrest, which the state claims to be a nuisance and desires 7490
8973+to have destroyed or disposed of in accordance with the provisions of 7491
8974+this section, the Chief State's Attorney or a deputy chief state's attorney, 7492
8975+state's attorney or assistant or deputy assistant state's attorney may 7493
8976+petition the court not later than ninety days after the seizure, in the 7494
8977+nature of a proceeding in rem, to order forfeiture of such property. Such 7495
8978+proceeding shall be deemed a civil suit in equity, in which the state shall 7496
8979+have the burden of proving all material facts by clear and convincing 7497
8980+evidence. The court shall identify the owner of such property and any 7498
8981+other person as appears to have an interest in such property, and order 7499
8982+the state to give notice to such owner and any interested person by 7500
8983+certified or registered mail. 7501
8984+(b) The court shall hold a hearing on the petition filed pursuant to 7502
8985+subsection (a) of this section not more than two weeks after the criminal 7503
8986+Bill No.
8987+
8988+
8989+
8990+LCO No. 10834 244 of 295
8991+
8992+proceeding that occurred as a result of the arrest has been nolled, 7504
8993+dismissed or otherwise disposed of. The court shall deny the petition 7505
8994+and return the property to the owner if the criminal proceeding does not 7506
8995+result in (1) a plea of guilty or nolo contendere to any offense charged in 7507
8996+the same criminal information, (2) a guilty verdict after trial to a 7508
8997+forfeiture-eligible offense for which the property was possessed, 7509
8998+controlled, designed or intended for use, or which was or had been used 7510
8999+as a means of committing such offense, or which constitutes the 7511
9000+proceeds of the commission of such offense, or (3) a dismissal resulting 7512
9001+from the completion of a pretrial diversionary program. 7513
9002+(c) If the court finds the allegations made in such petition to be true 7514
9003+and that the property has been possessed, controlled or designed for 7515
9004+use, or is or has been or is intended to be used, with intent to violate or 7516
9005+in violation of any of the criminal laws of this state, or constitutes the 7517
9006+proceeds of a violation of any of the criminal laws of this state, except a 7518
9007+violation of section 21a-267, 21a-277, 21a-278 or 21a-279, or section 13 of 7519
9008+this act, and that a plea of guilty or nolo contendere to such offense or 7520
9009+another charge in the same criminal information, or a guilty verdict after 7521
9010+trial for such forfeiture-eligible offense, or a dismissal resulting from the 7522
9011+completion of a pretrial diversionary program has been entered, the 7523
9012+court shall render judgment that such property is a nuisance and order 7524
9013+the property to be destroyed or disposed of to a charitable or 7525
9014+educational institution or to a governmental agency or institution, 7526
9015+except that if any such property is subject to a bona fide mortgage, 7527
9016+assignment of lease or rent, lien or security interest, such property shall 7528
9017+not be so destroyed or disposed of in violation of the rights of the holder 7529
9018+of such mortgage, assignment of lease or rent, lien or security interest. 7530
9019+Sec. 158. Section 54-41b of the general statutes is repealed and the 7531
9020+following is substituted in lieu thereof (Effective July 1, 2021): 7532
9021+The Chief State's Attorney or the state's attorney for the judicial 7533
9022+district in which the interception is to be conducted may make 7534
9023+application to a panel of judges for an order authorizing the interception 7535
9024+Bill No.
9025+
9026+
9027+
9028+LCO No. 10834 245 of 295
9029+
9030+of any wire communication by investigative office rs having 7536
9031+responsibility for the investigation of offenses as to which the 7537
9032+application is made when such interception may provide evidence of 7538
9033+the commission of offenses involving gambling, bribery, violations of 7539
9034+section 53-395, violations of section 53a-70c, violations of subsection (a) 7540
9035+of section 53a-90a, violations of section 53a-192a, violations of section 7541
9036+53a-196, violations of section 21a-277, violations of section 13 of this act, 7542
9037+felonious crimes of violence or felonies involving the unlawful use or 7543
9038+threatened use of physical force or violence committed with the intent 7544
9039+to intimidate or coerce the civilian population or a unit of government. 7545
9040+Sec. 159. Subsection (b) of section 18-100h of the general statutes is 7546
9041+repealed and the following is substituted in lieu thereof (Effective July 1, 7547
9042+2021): 7548
9043+(b) Notwithstanding any provision of the general statutes, whenever 7549
9044+a person is sentenced to a term of imprisonment for a violation of section 7550
9045+21a-267, [or] 21a-279 or 21a-279a, and committed by the court to the 7551
9046+custody of the Commissioner of Correction, the commissioner may, 7552
9047+after admission and a risk and needs assessment, release such person to 7553
9048+such person's residence subject to the condition that such person not 7554
9049+leave such residence unless otherwise authorized. Based upon the 7555
9050+assessment of such person, the commissioner may require such person 7556
9051+to be subject to electronic monitoring, which may include the use of a 7557
9052+global positioning system and continuous monitoring for alcohol 7558
9053+consumption, to drug testing on a random basis, and to any other 7559
9054+conditions that the commissioner may impose. Any person released 7560
9055+pursuant to this subsection shall remain in the custody of the 7561
9056+commissioner and shall be supervised by employees of the department 7562
9057+during the period of such release. Upon the violation by such person of 7563
9058+any condition of such release, the commissioner may revoke such 7564
9059+release and return such person to confinement in a correctional facility. 7565
9060+For purposes of this subsection, "continuous monitoring for alcohol 7566
9061+consumption" means automatically testing breath, blood or transdermal 7567
9062+alcohol concentration levels and tamper attempts at least once every 7568
9063+Bill No.
9064+
9065+
9066+
9067+LCO No. 10834 246 of 295
9068+
9069+hour regardless of the location of the person being monitored. 7569
9070+Sec. 160. Subsection (a) of section 53a-39c of the general statutes is 7570
9071+repealed and the following is substituted in lieu thereof (Effective July 7571
9072+1, 2021): 7572
9073+(a) There is established, within available appropriations, a 7573
9074+community service labor program for persons convicted of a first 7574
9075+violation of section 21a-267, [or] 21a-279 or 21a-279a, who have not 7575
9076+previously been convicted of a violation of section 21a-277 or 21a-278. 7576
9077+Upon application by any such person for participation in such program 7577
9078+the court may grant such application and, upon a plea of guilty without 7578
9079+trial where a term of imprisonment is part of a stated plea agreement, 7579
9080+suspend any sentence of imprisonment and make participation in such 7580
9081+program a condition of probation or conditional discharge in 7581
9082+accordance with section 53a-30. No person may be placed in such 7582
9083+program who has previously been placed in such program. 7583
9084+Sec. 161. Subsection (c) of section 54-56e of the general statutes is 7584
9085+repealed and the following is substituted in lieu thereof (Effective July 1, 7585
9086+2021): 7586
9087+(c) This section shall not be applicable: (1) To any person charged 7587
9088+with (A) a class A felony, (B) a class B felony, except a violation of 7588
9089+subdivision (1), (2) or (3) of subsection (a) of section 53a-122 that does 7589
9090+not involve the use, attempted use or threatened use of physical force 7590
9091+against another person, or a violation of subdivision (4) of subsection (a) 7591
9092+of section 53a-122 that does not involve the use, attempted use or 7592
9093+threatened use of physical force against another person and does not 7593
9094+involve a violation by a person who is a public official, as defined in 7594
9095+section 1-110, or a state or municipal employee, as defined in section 1-7595
9096+110, or (C) a violation of section 53a-70b of the general statutes, revision 7596
9097+of 1958, revised to January 1, 2019, or section 14-227a or 14-227m, 7597
9098+subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (2) 7598
9099+of subsection (a) of section 53-21 or section 53a-56b, 53a-60d, 53a-70, 53a-7599
9100+Bill No.
9101+
9102+
9103+
9104+LCO No. 10834 247 of 295
9105+
9106+70a, 53a-71, except as provided in subdivision (5) of this subsection, 53a-7600
9107+72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged 7601
9108+with a crime or motor vehicle violation who, as a result of the 7602
9109+commission of such crime or motor vehicle violation, causes the death 7603
9110+of another person, (3) to any person accused of a family violence crime 7604
9111+as defined in section 46b-38a who (A) is eligible for the pretrial family 7605
9112+violence education program established under section 46b-38c, or (B) 7606
9113+has previously had the pretrial family violence education program 7607
9114+invoked in such person's behalf, (4) to any person charged with a 7608
9115+violation of section 21a-267, [or] 21a-279 or 21a-279a, who (A) is eligible 7609
9116+for the pretrial drug education and community service program 7610
9117+established under section 54-56i or the pretrial drug intervention and 7611
9118+community service program established under section 166 of this act, or 7612
9119+(B) has previously had (i) the pretrial drug education program [or] (ii) 7613
9120+the pretrial drug education and community service program established 7614
9121+under the provisions of section 54-56i, or (iii) the pretrial drug 7615
9122+intervention and community service program established under section 7616
9123+166 of this act, invoked on such person's behalf, (5) unless good cause is 7617
9124+shown, to (A) any person charged with a class C felony, or (B) any 7618
9125+person charged with committing a violation of subdivision (1) of 7619
9126+subsection (a) of section 53a-71 while such person was less than four 7620
9127+years older than the other person, (6) to any person charged with a 7621
9128+violation of section 9-359 or 9-359a, (7) to any person charged with a 7622
9129+motor vehicle violation (A) while operating a commercial motor vehicle, 7623
9130+as defined in section 14-1, or (B) who holds a commercial driver's license 7624
9131+or commercial driver's instruction permit at the time of the violation, (8) 7625
9132+to any person charged with a violation of subdivision (6) of subsection 7626
9133+(a) of section 53a-60, or (9) to a health care provider or vendor 7627
9134+participating in the state's Medicaid program charged with a violation 7628
9135+of section 53a-122 or subdivision (4) of subsection (a) of section 53a-123. 7629
9136+Sec. 162. (NEW) (Effective July 1, 2023) Notwithstanding the 7630
9137+provisions of section 13 of this act, any consumer may cultivate up to 7631
9138+three mature cannabis plants and three immature cannabis plants in the 7632
9139+Bill No.
9140+
9141+
9142+
9143+LCO No. 10834 248 of 295
9144+
9145+consumer's primary residence, provided such plants are secure from 7633
9146+access by any individual other than the consumer and no more than 7634
9147+twelve cannabis plants may be grown at any given time per household. 7635
9148+Sec. 163. (NEW) (Effective October 1, 2021) Any person twenty-three 7636
9149+years of age or older who sells, delivers or gives cannabis, as defined in 7637
9150+section 1 of this act, to any person under twenty-one years of age, and 7638
9151+who knew or should have known that such person was under twenty-7639
9152+one years of age, shall be guilty of a class A misdemeanor. 7640
9153+Sec. 164. Subsection (i) of section 54-1m of the general statutes is 7641
9154+repealed and the following is substituted in lieu thereof (Effective from 7642
9155+passage): 7643
9156+(i) The Office of Policy and Management shall, within available 7644
9157+resources, review the prevalence and disposition of traffic stops and 7645
9158+complaints reported pursuant to this section, including any traffic stops 7646
9159+conducted on suspicion of a violation of section 14-227a, 14-227g, 14-7647
9160+227m or 14-227n. Not later than July 1, 2014, and annually thereafter, the 7648
9161+office shall report the results of any such review, including any 7649
9162+recommendations, to the Governor, the General Assembly and any 7650
9163+other entity deemed appropriate. 7651
9164+Sec. 165. (NEW) (Effective from passage) Not later than January 1, 2022, 7652
9165+the Commissioner of Emergency Services and Public Protection shall 7653
9166+report to the Governor and, in accordance with the provisions of section 7654
9167+11-4a, to the joint standing committees of the General Assembly having 7655
9168+cognizance of matters relating to public safety and security and 7656
9169+transportation, regarding the merits and feasibility of establishing (1) a 7657
9170+phlebotomy program for police departments in the state, and (2) a 7658
9171+facility to train police officers on the symptoms of cannabis impairment. 7659
9172+Sec. 166. (NEW) (Effective April 1, 2022) (a) (1) There is established a 7660
9173+pretrial drug intervention and community service program for persons 7661
9174+charged with a violation of section 21a-257 of the general statutes, 21a-7662
9175+267 of the general statutes, 21a-279 of the general statutes or 21a-279a of 7663
9176+Bill No.
9177+
9178+
9179+
9180+LCO No. 10834 249 of 295
9181+
9182+the general statutes. The program shall consist of a twelve-session drug 7664
9183+education component or a substance use treatment program of not less 7665
9184+than fifteen sessions, and the performance of community service as 7666
9185+ordered by the court pursuant to subsection (c) of this section. 7667
9186+(2) The provisions of this section shall not apply to any person who 7668
9187+has twice previously participated in: (A) The pretrial drug education 7669
9188+program established under the provisions of section 54-56i of the 7670
9189+general statutes; (B) the community service labor program established 7671
9190+under section 53a-39c of the general statutes; (C) the pretrial drug 7672
9191+intervention and community service program established under this 7673
9192+section; or (D) any of such programs, except that the court may allow a 7674
9193+person who has twice previously participated in such programs to 7675
9194+participate in the program established under this section one additional 7676
9195+time, for good cause shown. 7677
9196+(b) Upon application for participation in the program: 7678
9197+(1) The court shall, but only as to the public, order the court file 7679
9198+sealed; 7680
9199+(2) The applicant shall pay to the court a nonrefundable application 7681
9200+fee of one hundred dollars and a nonrefundable evaluation fee of one 7682
9201+hundred fifty dollars, both of which shall be credited to the pretrial 7683
9202+account established under section 54-56k of the general statutes; 7684
9203+(3) The applicant shall agree that, if the court grants the application 7685
9204+and places the applicant in the program: 7686
9205+(A) The statute of limitations for any alleged violations for which the 7687
9206+court grants the application for the program shall be tolled; 7688
9207+(B) The applicant waives the right to a speedy trial; 7689
9208+(C) The applicant will begin participation in the components of the 7690
9209+program ordered by the court not later than ninety days after the date 7691
9210+that the Court Support Services Division directs the applicant to attend 7692
9211+Bill No.
9212+
9213+
9214+
9215+LCO No. 10834 250 of 295
9216+
9217+such components pursuant to subsection (d) of this section, unless the 7693
9218+applicant requests a later start date, and the division determines that a 7694
9219+later start date is appropriate; 7695
9220+(D) The applicant will successfully complete any components of the 7696
9221+program ordered by the court; 7697
9222+(E) The applicant will not engage in any conduct that would 7698
9223+constitute a violation of section 21a-257 of the general statutes, 21a-267 7699
9224+of the general statutes, 21a-279 of the general statutes or 21a-279a of the 7700
9225+general statutes; and 7701
9226+(F) To satisfactorily complete the program, the applicant may be 7702
9227+required to participate in additional substance use treatment after 7703
9228+completing the drug education or substance use treatment component 7704
9229+of the program that the Court Support Services Division directs the 7705
9230+applicant to attend pursuant to subsection (d) of this section, if a 7706
9231+program component provider recommends such additional treatment 7707
9232+and the division deems it appropriate, pursuant to subdivision (3) of 7708
9233+subsection (h) of this section, or the court orders the additional 7709
9234+treatment. 7710
9235+(c) (1) The court, after consideration of the recommendation of the 7711
9236+state's attorney, assistant state's attorney or deputy assistant state's 7712
9237+attorney in charge of the case, may, in its discretion, grant the 7713
9238+application for, and place the applicant in, the pretrial drug intervention 7714
9239+and community service program for a period of one year, subject to 7715
9240+confirmation of the applicant's eligibility to participate in the program. 7716
9241+(2) If the court grants the application and places the applicant in the 7717
9242+program, the court shall refer the person placed in the program to the 7718
9243+Court Support Services Division for confirmation of eligibility to 7719
9244+participate in the program, and: 7720
9245+(A) If the division confirms that such person is eligible for the 7721
9246+program: 7722
9247+Bill No.
9248+
9249+
9250+
9251+LCO No. 10834 251 of 295
9252+
9253+(i) Direct the division to refer the applicant to the Department of 7723
9254+Mental Health and Addiction Services for evaluation and determination 7724
9255+of the appropriate drug education or substance use treatment 7725
9256+component of the program, if the court has granted the applicant's 7726
9257+participation in the program established under the provisions of this 7727
9258+section or the community service labor program established under 7728
9259+section 53a-39c of the general statutes for the first or second time; 7729
9260+(ii) Direct the division to refer the applicant to a state-licensed 7730
9261+substance use treatment provider for evaluation and determination of 7731
9262+the appropriate substance use treatment component of the program, if 7732
9263+the court has granted the applicant's participation in the program 7733
9264+established under the provisions of this section or the community 7734
9265+service labor program established under section 53a-39c of the general 7735
9266+statutes for the third time; or 7736
9267+(iii) If the applicant is a veteran, may direct the division to refer the 7737
9268+applicant to the Department of Veterans Affairs or the United States 7738
9269+Department of Veterans Affairs for evaluation and determination of the 7739
9270+appropriate drug education or substance use treatment component of 7740
9271+the program; or 7741
9272+(B) If the division determines that such person is not eligible for the 7742
9273+program, to inform the court of such determination and return such 7743
9274+person's case to court for further proceedings. 7744
9275+(3) When granting an application and placing an applicant in the 7745
9276+program: 7746
9277+(A) For the first time, the court shall order the applicant to participate 7747
9278+in (i) either the drug education or substance use treatment component 7748
9279+of the program recommended by the evaluation conducted pursuant to 7749
9280+subparagraph (A)(i) of subdivision (2) of this subsection; and (ii) the 7750
9281+community service component of the program for a period of five days; 7751
9282+(B) For the second time, the court shall order the applicant to 7752
9283+Bill No.
9284+
9285+
9286+
9287+LCO No. 10834 252 of 295
9288+
9289+participate in (i) either the drug education or substance use treatment 7753
9290+component of the program recommended by the evaluation conducted 7754
9291+pursuant to subparagraph (A) of subdivision (2) of this subsection; and 7755
9292+(ii) the community service component of the program for a period of 7756
9293+fifteen days; or 7757
9294+(C) For the third time, the court shall order the applicant to 7758
9295+participate in (i) the substance use treatment component recommended 7759
9296+by the evaluation conducted pursuant to subparagraph (A) of 7760
9297+subdivision (2) of this subsection; and (ii) the community service 7761
9298+component of the program for a period of thirty days. 7762
9299+(d) (1) Except as provided in subdivisions (2) and (4) of this 7763
9300+subsection, upon receipt of the evaluation of any person placed in the 7764
9301+program conducted pursuant to subparagraph (A) of subdivision (2) of 7765
9302+subsection (c) of this section, the Court Support Services Division shall 7766
9303+(A) refer such person to the Department of Mental Health and Addiction 7767
9304+Services or to a state-licensed substance use treatment provider with 7768
9305+facilities that are in compliance with all state standards governing the 7769
9306+operation of such facilities, as appropriate, for the purpose of receiving 7770
9307+the drug education or substance use treatment component services 7771
9308+recommended by such evaluation; and (B) direct such person to attend 7772
9309+the recommended drug education or substance use treatment 7773
9310+component within ninety days after referral unless the division 7774
9311+determines that a later start date is appropriate. 7775
9312+(2) If any person placed in the program is a veteran, the division (A) 7776
9313+may refer such person to the Department of Veterans Affairs or the 7777
9314+United States Department of Veterans Affairs for the applicable drug 7778
9315+education or substance use treatment component recommended by the 7779
9316+evaluation conducted pursuant to subparagraph (A) of subdivision (2) 7780
9317+of subsection (c) of this section if: (i) the division determines that 7781
9318+services for such component will be provided in a timely manner under 7782
9319+standards substantially similar to, or higher than, the standards for 7783
9320+services provided by the Department of Mental Health and Addiction 7784
9321+Bill No.
9322+
9323+
9324+
9325+LCO No. 10834 253 of 295
9326+
9327+Services or a state-licensed substance use treatment provider, and (ii) 7785
9328+the applicable department agrees to submit timely component 7786
9329+participation and completion reports to the division in the manner 7787
9330+required by the division; and (B) shall direct such person to attend the 7788
9331+recommended drug education or substance use treatment component 7789
9332+within ninety days unless the division determines that a later start date 7790
9333+is appropriate. 7791
9334+(3) The division shall direct such person to attend the applicable 7792
9335+community service component ordered by the court, and shall supervise 7793
9336+such person's participation in such community service component. 7794
9337+(4) The division may allow any person placed in the program whose 7795
9338+employment, residence or education makes it unreasonable to 7796
9339+participate in any component of the program ordered by the court in 7797
9340+this state to participate in the applicable program components in 7798
9341+another state if: 7799
9342+(A) The out-of-state component provider has standards substantially 7800
9343+similar to, or higher than, those of this state; 7801
9344+(B) For any substance use treatment component, the out-of-state 7802
9345+substance use treatment provider is licensed by the state in which 7803
9346+treatment will be provided; and 7804
9347+(C) The person allowed to participate in any of the components of the 7805
9348+program in another state pays the applicable program fee and 7806
9349+participation costs provided in this section. 7807
9350+(5) If the division determines that any person placed in the program 7808
9351+has either failed to comply with the requirements of any component of 7809
9352+the program in which the court has ordered such person to participate, 7810
9353+or engaged in any conduct that constitutes a violation of section 21a-257 7811
9354+of the general statutes, 21a-267 of the general statutes, 21a-279 of the 7812
9355+general statutes or 21a-279a of the general statutes, the division shall 7813
9356+inform the court and return such person's case to court for further 7814
9357+Bill No.
9358+
9359+
9360+
9361+LCO No. 10834 254 of 295
9362+
9363+proceedings. 7815
9364+(e) (1) At the time that the Court Support Services Division directs 7816
9365+any person to attend any component of the program, such person shall 7817
9366+(A) if directed to attend the drug education component, pay to the court 7818
9367+a nonrefundable program fee of four hundred dollars, or (B) if directed 7819
9368+to attend the substance use treatment component, pay to the court a 7820
9369+nonrefundable program fee of one hundred dollars and pay to the 7821
9370+treatment provider any costs associated with such treatment. All 7822
9371+program fees shall be credited to the pretrial account established under 7823
9372+section 54-56k of the general statutes. 7824
9373+(2) (A) No person may be excluded from any component of the 7825
9374+program because such person is indigent and unable to pay the 7826
9375+associated fee or costs, provided (i) such person files with the court an 7827
9376+affidavit of indigency and the court enters a finding of such indigency, 7828
9377+or (ii) such person has been determined indigent and eligible for 7829
9378+representation by a public defender who has been appointed on behalf 7830
9379+of such person pursuant to section 51-296 of the general statutes. The 7831
9380+court shall not require a person to perform community service in lieu of 7832
9381+payment of any fee or cost, if such fee or cost is waived. 7833
9382+(B) If the court finds that a person is indigent and unable to pay for 7834
9383+the program application or the evaluation fee for the program, the court 7835
9384+may waive all or any portion of these fees. 7836
9385+(C) If the court finds that a person is indigent and unable to pay for 7837
9386+the drug education component of the program, the court may waive all 7838
9387+or any portion of the program fee for that component, provided that 7839
9388+such person participates in such drug education services offered by a 7840
9389+provider located in this state. 7841
9390+(D) If the court finds that a person is indigent and unable to pay for 7842
9391+the substance use treatment component of the program, the court may 7843
9392+waive all or any portion of the program fee for that component and the 7844
9393+costs of such treatment, provided that such person participates in such 7845
9394+Bill No.
9395+
9396+
9397+
9398+LCO No. 10834 255 of 295
9399+
9400+treatment at a substance use treatment provider licensed by and located 7846
9401+in this state. Any costs waived under this subparagraph shall be paid by 7847
9402+the Department of Mental Health and Addiction Services. 7848
9403+(E) Notwithstanding any provision of this section, in no event shall 7849
9404+the Department of Mental Health and Addiction Services pay any costs 7850
9405+associated with education or substance use treatment provided outside 7851
9406+of this state. 7852
9407+(f) (1) If the Court Support Services Division returns to court the case 7853
9408+of any person placed in the program whom the division has determined 7854
9409+is not eligible for the program, and the court finds that such person is 7855
9410+not eligible to participate in the program, the court shall revoke such 7856
9411+person's placement in the program. 7857
9412+(2) If the Court Support Services Division returns to court the case of 7858
9413+any person placed in the program whom the division has learned has 7859
9414+failed to comply with requirements of any component of the program in 7860
9415+which the court has ordered such person to participate, or engaged in 7861
9416+any conduct that constitutes a violation of section 21a-257 of the general 7862
9417+statutes, 21a-267 of the general statutes, 21a-279 of the general statutes 7863
9418+or 21a-279a of the general statutes, and the court finds that such person 7864
9419+is no longer eligible to continue participating in the program, the court 7865
9420+shall terminate such person's participation in the program. 7866
9421+(3) If the court revokes any person's placement in the program or 7867
9422+terminates any person's participation in the program, the court shall 7868
9423+order the court file to be unsealed, enter a plea of not guilty for such 7869
9424+person, and immediately place the case on the trial list, unless such 7870
9425+person is eligible for, such person requests and the court grants such 7871
9426+person reinstatement into the program pursuant to subsection (k) of this 7872
9427+section. 7873
9428+(4) (A) If the court revokes any person's placement in the program, 7874
9429+such person shall not be required to pay any program fee or 7875
9430+participation costs specified in subsection (e) of this section. 7876
9431+Bill No.
9432+
9433+
9434+
9435+LCO No. 10834 256 of 295
9436+
9437+(B) If the court terminates any person's participation in the program, 7877
9438+no program fees or substance use treatment costs imposed pursuant to 7878
9439+subsection (e) of this section shall be refunded. 7879
9440+(g) The Department of Mental Health and Addiction Services shall 7880
9441+administer the drug education component of the program and shall 7881
9442+adopt regulations, in accordance with the provisions of chapter 54 of the 7882
9443+general statutes, to establish standards for such drug education 7883
9444+component. The department may contract with service providers to 7884
9445+provide the appropriate drug education component in accordance with 7885
9446+the provisions of this section. The department may combine the services 7886
9447+for the drug education component of the program under the provisions 7887
9448+of this section with the services for the alcohol education component of 7888
9449+the impaired driving intervention program under the provisions of 7889
9450+section 167 of this act, if necessary to ensure the appropriate and timely 7890
9451+access to court ordered education components. Participation by a person 7891
9452+in any combined drug and alcohol education services provided by the 7892
9453+department for the drug education component of the program under the 7893
9454+provisions of this section shall not be deemed participation in, nor shall 7894
9455+affect such person's eligibility for, the impaired driving intervention 7895
9456+program under the provisions of section 167 of this act. 7896
9457+(h) (1) All program component providers shall provide the Court 7897
9458+Support Services Division with a certification regarding the 7898
9459+participation of each person referred to such provider pursuant to this 7899
9460+section in the manner required by the division. (A) If such person has 7900
9461+successfully completed the applicable program component, the 7901
9462+certification shall indicate such successful completion and state whether 7902
9463+additional substance use treatment is recommended. (B) If such person 7903
9464+has failed to successfully complete the applicable program component, 7904
9465+the certification shall indicate the reasons for such failure, whether the 7905
9466+person is no longer amenable to education or treatment, and whether 7906
9467+the current referral was an initial referral under subsection (d) of this 7907
9468+section or a reinstatement under subsection (k) of this section for the 7908
9469+program component. The certification of failure shall also, to the extent 7909
9470+Bill No.
9471+
9472+
9473+
9474+LCO No. 10834 257 of 295
9475+
9476+practicable, include a recommendation as to whether an alternative 7910
9477+drug education or substance use treatment component would best serve 7911
9478+such person's needs. 7912
9479+(2) Except as provided in subdivision (3) of this subsection, upon 7913
9480+receipt of a participation certification from any program component 7914
9481+provider pursuant to this subsection, the Court Support Services 7915
9482+Division shall provide the court with a final progress report indicating 7916
9483+whether such person has successfully completed any components of the 7917
9484+program ordered by the court, whether the division required such 7918
9485+person to participate in any additional substance use treatment in 7919
9486+accordance with subdivision (3) of this subsection and whether such 7920
9487+person successfully completed any such additional substance use 7921
9488+treatment. The final progress report shall also include any other 7922
9489+information the division obtained during the supervision of such person 7923
9490+relevant to such person's participation in the program, including 7924
9491+whether the results of a criminal history record check, which the 7925
9492+division shall complete prior to the submission of the final progress 7926
9493+report, reveals that such person has engaged in any conduct that 7927
9494+constitutes a violation of section 21a-257 of the general statutes, 21a-267 7928
9495+of the general statutes, 21a-279 of the general statutes or 21a-279a of the 7929
9496+general statutes, during such person's period of participation in the 7930
9497+program. 7931
9498+(3) If a participation certification indicates that a person who was 7932
9499+placed in the program successfully completed the drug education or 7933
9500+substance use treatment component ordered by the court, but the 7934
9501+program component provider recommends additional substance use 7935
9502+treatment for such person, the Court Support Services Division may, if 7936
9503+it deems such additional treatment appropriate, require such person to 7937
9504+participate in the recommended additional substance use treatment in 7938
9505+order to satisfactorily complete the pretrial drug intervention and 7939
9506+community service program. If the division requires such additional 7940
9507+substance use treatment, the division shall provide the court with a final 7941
9508+progress report in accordance with subdivision (2) of this subsection 7942
9509+Bill No.
9510+
9511+
9512+
9513+LCO No. 10834 258 of 295
9514+
9515+upon receipt of the participation certification from the substance use 7943
9516+treatment provider for such additional treatment. 7944
9517+(i) (1) If any person successfully completes all components of the 7945
9518+program ordered by the court and any additional substance use 7946
9519+treatment required by the Court Support Services Division, such person 7947
9520+may apply for dismissal of the charges against such person at the 7948
9521+conclusion of such person's period of participation in the program. 7949
9522+Upon application, the court shall review the final progress report 7950
9523+submitted by the division regarding such person and any other relevant 7951
9524+information. If the court finds that such person has satisfactorily 7952
9525+completed the pretrial drug intervention and community service 7953
9526+program, the court shall dismiss the charges. 7954
9527+(2) If any person who has successfully completed all components of 7955
9528+the program ordered by the court and any additional substance use 7956
9529+treatment required by the Court Support Services Division does not 7957
9530+apply for dismissal of the charges against such person at the conclusion 7958
9531+of such person's period of participation in the program, the court may, 7959
9532+upon its own motion, review of the final progress report regarding such 7960
9533+person submitted by the division and any other relevant information. If 7961
9534+the court finds that such person has satisfactorily completed the pretrial 7962
9535+drug intervention and community service program, the court shall 7963
9536+dismiss the charges. 7964
9537+(3) Upon the motion of any person placed in the program and a 7965
9538+showing of good cause, the court may extend the program placement 7966
9539+period for a reasonable period of time to allow such person to complete 7967
9540+the applicable program components. 7968
9541+(j) If, upon review of the final progress report submitted by the Court 7969
9542+Support Services Division or any other relevant information, the court 7970
9543+finds that any person placed in the program has failed to successfully 7971
9544+complete any component of the program ordered by the court, is no 7972
9545+longer amenable to treatment or is otherwise ineligible to continue 7973
9546+Bill No.
9547+
9548+
9549+
9550+LCO No. 10834 259 of 295
9551+
9552+participating in the program, the court shall terminate such person's 7974
9553+participation in the program. No program fees or substance use 7975
9554+treatment costs imposed pursuant to subsection (e) of this section shall 7976
9555+be refunded to any person whose participation in the program is 7977
9556+terminated. Unless such person requests, and the court grants, 7978
9557+reinstatement into the program pursuant to subsection (k) of this 7979
9558+section, the court shall order the court file of any person whose 7980
9559+participation in the program is terminated to be unsealed, enter a plea 7981
9560+of not guilty for such person and immediately place the case on the trial 7982
9561+list. 7983
9562+(k) (1) Any person whose participation in the program is terminated 7984
9563+may ask the court to reinstate such person into the program up to two 7985
9564+times. If a person requests reinstatement into the program, the Court 7986
9565+Support Services Division shall verify that such person is eligible for 7987
9566+such reinstatement. If a person requesting reinstatement into the 7988
9567+program is eligible for reinstatement, the court may, in its discretion, 7989
9568+grant such person reinstatement into the program. When granting such 7990
9569+reinstatement, the court shall order the person to participate in an 7991
9570+appropriate drug education, substance use treatment or community 7992
9571+service component of the program. 7993
9572+(2) Any person reinstated into the program shall (A) if ordered to 7994
9573+participate in the drug education component of the program, pay to the 7995
9574+court a nonrefundable program fee of two hundred fifty dollars, which 7996
9575+shall be credited to the pretrial account established under section 54-56k 7997
9576+of the general statutes, or (B) if ordered to participate in the substance 7998
9577+use treatment component of the program, pay the costs of any substance 7999
9578+use treatment. The court shall not waive the program fee or the costs of 8000
9579+substance use treatment associated with reinstatement into the program 8001
9580+unless such person is found eligible to have such fee or costs waived 8002
9581+under subdivision (2) of subsection (e) of this section and such person 8003
9582+participates in the applicable drug education at a service provider 8004
9583+located in this state or substance use treatment at a substance use 8005
9584+treatment provider licensed by and located in this state. 8006
9585+Bill No.
9586+
9587+
9588+
9589+LCO No. 10834 260 of 295
9590+
9591+(l) (1) If any person applies for both the pretrial drug intervention and 8007
9592+community service program under the provisions of this section and the 8008
9593+pretrial impaired driving intervention program pursuant to section 167 8009
9594+of this act, for charges arising from the same arrest, and the Department 8010
9595+of Mental Health and Addiction Services has already completed the 8011
9596+required evaluation and determination of the appropriate alcohol 8012
9597+education or substance use treatment component pursuant to section 8013
9598+167 of this act, the court and the Court Support Services Division may 8014
9599+rely on such evaluation and determination for the purposes of ordering 8015
9600+participation and directing attendance in the drug education or 8016
9601+substance use treatment component of the program under the 8017
9602+provisions of this section. If the court and the division rely on such 8018
9603+evaluation and determination, such person shall not be required to pay 8019
9604+the evaluation fee under the provisions of subdivision (2) of subsection 8020
9605+(b) of this section, provided that such person has paid, or the court has 8021
9606+waived, the evaluation fee pursuant to section 167 of this act. 8022
9607+(2) If any person is placed in both the pretrial drug intervention and 8023
9608+community service program under the provisions of this section and the 8024
9609+pretrial impaired driving intervention program under section 167 of this 8025
9610+act, for charges arising from the same arrest, the court may find that: 8026
9611+(A) Such person's successful completion of the alcohol education 8027
9612+component of the pretrial impaired driving intervention program 8028
9613+pursuant to section 167 of this act, satisfies such person's required 8029
9614+participation in the drug education component of the pretrial drug 8030
9615+intervention and community service program under the provisions of 8031
9616+this section; or 8032
9617+(B) Such person's successful completion of the substance use 8033
9618+treatment component of the pretrial impaired driving intervention 8034
9619+program under section 167 of this act, satisfies such person's required 8035
9620+participation in the substance use treatment component of the pretrial 8036
9621+drug intervention and community service program under the 8037
9622+provisions of this section. 8038
9623+Bill No.
9624+
9625+
9626+
9627+LCO No. 10834 261 of 295
9628+
9629+(3) Nothing in this subsection shall relieve any person placed in both 8039
9630+the pretrial drug intervention and community service program 8040
9631+pursuant to this section and the pretrial impaired driving intervention 8041
9632+program pursuant to section 167 of this act, for charges arising from the 8042
9633+same arrest, from the requirement to participate in the: 8043
9634+(A) Community service component of the pretrial drug intervention 8044
9635+and community service program under the provisions of this section, in 8045
9636+order to satisfactorily complete the pretrial drug intervention and 8046
9637+community service program, or 8047
9638+(B) Victim impact component of the pretrial impaired driving 8048
9639+intervention program, if ordered by the court pursuant to section 167 of 8049
9640+this act, in order to satisfactorily complete the pretrial impaired driving 8050
9641+intervention program. 8051
9642+(m) The Court Support Services Division shall retain a record of 8052
9643+participation in the pretrial drug intervention and community service 8053
9644+program for a period of ten years from the date the court grants the 8054
9645+application for, and places the applicant in, the program pursuant to the 8055
9646+provisions of this section. 8056
9647+(n) For purposes of this section, "veteran" has the same meaning as 8057
9648+provided in subdivision (2) of subsection (a) of section 27-103 of the 8058
9649+general statutes. 8059
9650+Sec. 167. (NEW) (Effective April 1, 2022) (a) (1) There is established a 8060
9651+pretrial impaired driving intervention program for persons charged 8061
9652+with a violation of section 14-227a of the general statutes, section 14-8062
9653+227g of the general statutes, section 14-227m of the general statutes, 8063
9654+section 14-227n of the general statutes, subsection (d) of section 15-133 8064
9655+of the general statutes or section 15-140n of the general statutes. The 8065
9656+program shall consist of a twelve-session alcohol education component 8066
9657+or a substance use treatment component of not less than fifteen sessions, 8067
9658+and may also include a victim impact component, as ordered by the 8068
9659+court pursuant to subsection (d) of this section. 8069
9660+Bill No.
9661+
9662+
9663+
9664+LCO No. 10834 262 of 295
9665+
9666+(2) The provisions of this section shall not apply to any person: 8070
9667+(A) Who has been placed in the pretrial impaired driving intervention 8071
9668+program under this section or the pretrial alcohol education program 8072
9669+established under section 54-56g of the general statutes, within ten years 8073
9670+immediately preceding the application; 8074
9671+(B) Who has been convicted of a violation of section 14-227a of the 8075
9672+general statutes, section 14-227g of the general statutes, section 14-227m 8076
9673+of the general statutes, section 14-227n of the general statutes, section 8077
9674+15-132a of the general statutes, subsection (d) of section 15-133 of the 8078
9675+general statutes, section 15-140l of the general statutes, section 15-140n 8079
9676+of the general statutes, section 53a-56b of the general statutes or section 8080
9677+53a-60d of the general statutes; 8081
9678+(C) Who has been convicted in any other state at any time of an 8082
9679+offense the essential elements of which are substantially the same as any 8083
9680+statutory provision set forth in subparagraph (B) of this subdivision; 8084
9681+(D) Who is charged with a violation of section 14-227a of the general 8085
9682+statutes, 14-227g of the general statutes, 14-227m of the general statutes 8086
9683+or 14-227n of the general statutes (i) and held a commercial driver's 8087
9684+license or commercial driver's instruction permit at the time of the 8088
9685+violation; or (ii) while operating a commercial motor vehicle, as defined 8089
9686+in section 14-1 of the general statutes; or 8090
9687+(3) Whose alleged violation caused the serious physical injury, as 8091
9688+defined in section 53a-3 of the general statutes, of another person, unless 8092
9689+good cause is shown. 8093
9690+(b) Upon application for participation in the program: 8094
9691+(1) The court shall, but only as to the public, order the court file 8095
9692+sealed; 8096
9693+(2) The applicant shall pay to the court a nonrefundable application 8097
9694+fee of one hundred dollars, which shall be credited to the Criminal 8098
9695+Bill No.
9696+
9697+
9698+
9699+LCO No. 10834 263 of 295
9700+
9701+Injuries Compensation Fund established under section 54-215 of the 8099
9702+general statutes, and a nonrefundable evaluation fee of one hundred 8100
9703+fifty dollars, which shall be credited to the pretrial account established 8101
9704+under section 54-56k of the general statutes; 8102
9705+(3) The applicant shall agree that, if the court grants the application 8103
9706+and places the applicant in the program: 8104
9707+(A) The statute of limitations for any alleged violations for which the 8105
9708+court grants the application for the program shall be tolled; 8106
9709+(B) The applicant waives the right to a speedy trial; 8107
9710+(C) The applicant will begin participation in the components of the 8108
9711+program ordered by the court not later than ninety days after the date 8109
9712+that the Court Support Services Division directs the applicant to attend 8110
9713+such components pursuant to subsection (e) of this section, unless the 8111
9714+applicant requests a later start date and the division determines that a 8112
9715+later start date is appropriate; 8113
9716+(D) The applicant will successfully complete any components of the 8114
9717+program ordered by the court; 8115
9718+(E) The applicant will not engage in any conduct that would 8116
9719+constitute a violation of (i) any statutory provision set forth in 8117
9720+subparagraph (B) of subdivision (2) of subsection (a) of this section; or 8118
9721+(ii) any statutory provision in any other state the essential elements of 8119
9722+which are substantially the same as any statutory provision set forth in 8120
9723+subparagraph (B) of subdivision (2) of subsection (a) of this section; 8121
9724+(F) To satisfactorily complete the program, the applicant may be 8122
9725+required to participate in additional substance use treatment after 8123
9726+completing the alcohol education or substance use treatment 8124
9727+component of the program that the Court Support Services Division 8125
9728+directs the applicant to attend pursuant to subsection (e) of this section, 8126
9729+if a program component provider recommends such additional 8127
9730+Bill No.
9731+
9732+
9733+
9734+LCO No. 10834 264 of 295
9735+
9736+treatment and the division deems it appropriate pursuant to subdivision 8128
9737+(3) of subsection (j) of this section, or the court orders the additional 8129
9738+treatment. 8130
9739+(c) (1) Immediately following application, the applicant shall send 8131
9740+notice, by registered or certified mail on a form prescribed by the Office 8132
9741+of the Chief Court Administrator, to any victim who sustained a serious 8133
9742+physical injury, as defined in section 53a-3 of the general statutes, as a 8134
9743+result of the applicant's alleged violation. The notice shall inform each 8135
9744+such victim that the applicant has applied to participate in the pretrial 8136
9745+impaired driving intervention program and that the victim has an 8137
9746+opportunity to be heard by the court on the application. The court shall 8138
9747+provide each such victim an opportunity to be heard prior to granting 8139
9748+an application under this section. 8140
9749+(2) If the court determines that any person not entitled to notice 8141
9750+pursuant to subdivision (1) of this subsection should be provided an 8142
9751+opportunity to be heard on the application, the court may also require 8143
9752+the defendant or the state's attorney, assistant state's attorney or deputy 8144
9753+assistant state's attorney in charge of the case to send notice of the 8145
9754+application to any such person. 8146
9755+(d) (1) The court, after consideration of the recommendation of the 8147
9756+state's attorney, assistant state's attorney or deputy assistant state's 8148
9757+attorney in charge of the case, and the statement of any victim and any 8149
9758+other person required to be notified pursuant to subsection (c) of this 8150
9759+section, may, in its discretion, grant the application for, and place the 8151
9760+applicant in, the pretrial impaired driving intervention program for a 8152
9761+period of one year, subject to confirmation of the applicant's eligibility 8153
9762+to participate in the program. 8154
9763+(2) If the court grants the application and places the applicant in the 8155
9764+program, the court shall: (A) Refer the person placed in the program to 8156
9765+the Court Support Services Division for confirmation of eligibility to 8157
9766+participate in the program; and (B) direct the division, (i) if it confirms 8158
9767+Bill No.
9768+
9769+
9770+
9771+LCO No. 10834 265 of 295
9772+
9773+that such person is eligible for the program, to refer such person to the 8159
9774+Department of Mental Health and Addiction Services for evaluation and 8160
9775+determination of the appropriate alcohol education or substance use 8161
9776+treatment component of the program; or (ii) if it determines that such 8162
9777+person is not eligible for the program, to inform the court of such 8163
9778+determination and return such person's case to the court for further 8164
9779+proceedings. 8165
9780+(3) When granting an application and placing an applicant in the 8166
9781+program, the court (A) shall order the applicant to participate in the 8167
9782+alcohol education or substance use treatment component of the program 8168
9783+recommended by the evaluation conducted pursuant to subparagraph 8169
9784+(B)(i) of subdivision (2) of this subsection, and (B) may also order the 8170
9785+applicant to participate in a victim impact component for which the 8171
9786+applicant must attend a victim impact panel provided by an 8172
9787+organization approved by the Court Support Services Division pursuant 8173
9788+to subsection (h) of this section. 8174
9789+(e) (1) Except as provided in subdivision (3) of this subsection, upon 8175
9790+receipt of the evaluation of any person placed in the program conducted 8176
9791+pursuant to subparagraph (B)(i) of subdivision (2) of subsection (d) of 8177
9792+this section, the Court Support Services Division shall (A) refer such 8178
9793+person to the Department of Mental Health and Addiction Services or 8179
9794+to a state-licensed substance use treatment provider with facilities that 8180
9795+are in compliance with all state standards governing the operation of 8181
9796+such facilities, as appropriate, for the purpose of receiving the alcohol 8182
9797+education or substance use treatment component services 8183
9798+recommended by such evaluation; and (B) direct such person to attend 8184
9799+the recommended alcohol education or substance use treatment 8185
9800+component within ninety days unless the division determines that a 8186
9801+later start date is appropriate. In making the determination of whether 8187
9802+a later start date is appropriate, the division may consider any relevant 8188
9803+factors, including, but not limited to, the date upon which the 8189
9804+suspension of such person's motor vehicle operator's license pursuant 8190
9805+to section 14-227b of the general statutes will expire. 8191
9806+Bill No.
9807+
9808+
9809+
9810+LCO No. 10834 266 of 295
9811+
9812+(2) If the court has ordered any person placed in the program to 8192
9813+participate in a victim impact component, the division shall (A) refer 8193
9814+such person to an organization approved to conduct victim impact 8194
9815+panels in accordance with subsection (h) of this section; and (B) direct 8195
9816+such person to attend an appropriate victim impact panel. 8196
9817+(3) The division may allow any person placed in the program whose 8197
9818+employment, residence, or education makes it unreasonable to 8198
9819+participate in any component of the program ordered by the court in 8199
9820+this state to participate in the applicable program components in 8200
9821+another state if: 8201
9822+(A) The out-of-state component provider has standards substantially 8202
9823+similar to, or higher than, those of this state; 8203
9824+(B) For any substance use treatment component, the out-of-state 8204
9825+substance use treatment provider is licensed by the state in which 8205
9826+treatment will be provided; and 8206
9827+(C) The person allowed to participate in any components of the 8207
9828+program in another state pays the applicable program fee and 8208
9829+participation costs provided in this section. 8209
9830+(4) If the division determines that any person placed in the program 8210
9831+has either failed to comply with requirements of any component of the 8211
9832+program in which the court has ordered such person to participate, or 8212
9833+engaged in any conduct that constitutes a violation of (A) any statutory 8213
9834+provision set forth in subparagraph (B) of subdivision (2) of subsection 8214
9835+(a) of this section; or (B) any statutory provision in any other state the 8215
9836+essential elements of which are substantially the same as any statutory 8216
9837+provision set forth in subparagraph (B) of subdivision (2) of subsection 8217
9838+(a) of this section, the division shall inform the court and return such 8218
9839+person's case to court for further proceedings. 8219
9840+(f) (1) At the time that the Court Support Services Division directs any 8220
9841+person to attend any component of the program, such person shall (A) 8221
9842+Bill No.
9843+
9844+
9845+
9846+LCO No. 10834 267 of 295
9847+
9848+if directed to attend the alcohol education component, pay to the court 8222
9849+a nonrefundable program fee of four hundred dollars, or (B) if directed 8223
9850+to attend the substance use treatment component, pay to the court a 8224
9851+nonrefundable program fee of one hundred dollars and pay to the 8225
9852+treatment provider any costs associated with such treatment. All 8226
9853+program fees shall be credited to the pretrial account established under 8227
9854+section 54-56k of the general statutes. 8228
9855+(2) Any person directed to attend the victim impact component shall, 8229
9856+at the time such person attends the victim impact panel, pay the 8230
9857+organization conducting the victim impact panel the participation fee 8231
9858+required by such organization. 8232
9859+(3) (A) No person may be excluded from any component of the 8233
9860+program because such person is indigent and unable to pay the 8234
9861+associated fee or costs, provided (i) such person files with the court an 8235
9862+affidavit of indigency and the court enters a finding of such indigency, 8236
9863+or (ii) such person has been determined indigent and eligible for 8237
9864+representation by a public defender who has been appointed on behalf 8238
9865+of such person pursuant to section 51-296 of the general statutes. The 8239
9866+court shall not require a person to perform community service in lieu of 8240
9867+payment of any fee or cost, if such fee or cost is waived. 8241
9868+(B) If the court finds that a person is indigent and unable to pay for 8242
9869+the program application or evaluation fee for the program, the court 8243
9870+may waive all or any portion of these fees. 8244
9871+(C) If the court finds that a person is indigent and unable to pay for 8245
9872+the alcohol education component of the program, the court may waive 8246
9873+all or any portion of the program fee for that component, provided that 8247
9874+such person participates in alcohol education services offered by a 8248
9875+provider located in this state. 8249
9876+(D) If the court finds that a person is indigent and unable to pay for 8250
9877+the substance use treatment component of the program, the court may 8251
9878+waive all or any portion of the program fee for that component and the 8252
9879+Bill No.
9880+
9881+
9882+
9883+LCO No. 10834 268 of 295
9884+
9885+costs of such treatment, provided that such person participates in such 8253
9886+treatment at a substance use treatment provider licensed by and located 8254
9887+in this state. Any costs waived under this subparagraph shall be paid by 8255
9888+the Department of Mental Health and Addiction Services. 8256
9889+(E) Notwithstanding any provision of this section, in no event shall 8257
9890+the Department of Mental Health and Addiction Services pay any fees 8258
9891+or costs associated with education or substance use treatment provided 8259
9892+outside of this state. 8260
9893+(g) (1) If the Court Support Services Division returns to court the case 8261
9894+of any person placed in the program whom the division has determined 8262
9895+is not eligible for the program, and the court finds that such person is 8263
9896+not eligible to participate in the program, the court shall revoke such 8264
9897+person's placement in the program. 8265
9898+(2) If the Court Support Services Division returns to court the case of 8266
9899+any person placed in the program whom the division has learned has 8267
9900+failed to comply with requirements of any component of the program in 8268
9901+which the court has ordered such person to participate, or engaged in 8269
9902+any conduct that constitutes a violation of (A) any statutory provision 8270
9903+set forth in subparagraph (B) of subdivision (2) of subsection (a) of this 8271
9904+section; or (B) any statutory provision in any other state the essential 8272
9905+elements of which are substantially the same as any statutory provision 8273
9906+set forth in subparagraph (B) of subdivision (2) of subsection (a) of this 8274
9907+section, and the court finds that such person is no longer eligible to 8275
9908+continue participating in the program, the court shall terminate such 8276
9909+person's participation in the program. 8277
9910+(3) If the court revokes any person's placement in the program or 8278
9911+terminates any person's participation in the program, the court shall 8279
9912+order the court file to be unsealed, enter a plea of not guilty for such 8280
9913+person, and immediately place the case on the trial list unless such 8281
9914+person is eligible for, such person requests and the court grants such 8282
9915+person reinstatement into the program pursuant to subsection (m) of 8283
9916+Bill No.
9917+
9918+
9919+
9920+LCO No. 10834 269 of 295
9921+
9922+this section. 8284
9923+(4) (A) If the court revokes any person's placement in the program, 8285
9924+such person shall not be required to pay any program fee or 8286
9925+participation costs specified in subsection (f) of this section. 8287
9926+(B) If the court terminates any person's participation in the program, 8288
9927+no program fees or substance use treatment costs imposed pursuant to 8289
9928+subsection (f) of this section shall be refunded. 8290
9929+(h) The Court Support Services Division shall approve a nonprofit 8291
9930+organization that advocates on behalf of victims of accidents caused by 8292
9931+persons who operated a motor vehicle while under the influence of 8293
9932+intoxicating liquor or drugs, or both, to provide victim impact panels for 8294
9933+the victim impact component of the program. Victim impact panels shall 8295
9934+provide a non-confrontational forum for the victims of alcohol-related 8296
9935+or drug-related offenses and offenders to share experiences of the 8297
9936+impact of alcohol-related or drug-related incidents in their lives. Such 8298
9937+organization may assess a participation fee of not more than seventy-8299
9938+five dollars per panel on any person ordered to participate in the victim 8300
9939+impact component of the program, provided that such organization 8301
9940+offers a hardship waiver of the participation fee when it determines that 8302
9941+the imposition of the fee would pose an economic hardship for such 8303
9942+person. 8304
9943+(i) The Department of Mental Health and Addiction Services shall 8305
9944+administer the alcohol education component of the program and shall 8306
9945+adopt regulations, in accordance with chapter 54 of the general statutes, 8307
9946+to establish standards for such alcohol education component. The 8308
9947+department may contract with service providers to provide the 8309
9948+appropriate alcohol education component in accordance with the 8310
9949+provisions of this section. The department may combine the services for 8311
9950+the alcohol education component of the program under the provisions 8312
9951+of this section with the services for the drug education component of the 8313
9952+drug intervention and community service program under section 166 of 8314
9953+Bill No.
9954+
9955+
9956+
9957+LCO No. 10834 270 of 295
9958+
9959+this act, if necessary to ensure the appropriate and timely access to court 8315
9960+ordered education components. Participation by a person in any 8316
9961+combined alcohol and drug education services provided by the 8317
9962+department for the alcohol education component of the program under 8318
9963+the provisions of this section shall not be deemed participation in, nor 8319
9964+shall affect such person's eligibility for, the drug intervention and 8320
9965+community service program under the provisions of section 166 of this 8321
9966+act. 8322
9967+(j) (1) All program component providers shall provide the Court 8323
9968+Support Services Division with a certification regarding the 8324
9969+participation of each person referred to such provider pursuant to this 8325
9970+section in the manner required by the division. (A) If such person has 8326
9971+successfully completed the applicable program component, the 8327
9972+certification shall indicate such successful completion and state whether 8328
9973+additional substance use treatment is recommended. (B) If such person 8329
9974+has failed to successfully complete the applicable program component, 8330
9975+the certification shall indicate the reasons for such failure, whether the 8331
9976+person is no longer amenable to education or treatment and whether the 8332
9977+current referral was an initial referral under subsection (e) of this section 8333
9978+or a reinstatement under subsection (m) of this section for the program 8334
9979+component. The certification of failure shall also, to the extent 8335
9980+practicable, include a recommendation as to whether an alternative 8336
9981+alcohol education or substance use treatment component would best 8337
9982+serve such person's needs. 8338
9983+(2) Except as provided in subdivision (3) of this subsection, upon 8339
9984+receipt of a participation certification from any program component 8340
9985+provider pursuant to this subsection, the Court Support Services 8341
9986+Division shall provide the court with a final progress report indicating 8342
9987+whether such person has successfully completed any components of the 8343
9988+program ordered by the court, whether the division required such 8344
9989+person to participate in any additional substance use treatment in 8345
9990+accordance with subdivision (3) of this subsection and whether such 8346
9991+person successfully completed any such additional substance use 8347
9992+Bill No.
9993+
9994+
9995+
9996+LCO No. 10834 271 of 295
9997+
9998+treatment. The final progress report shall also include any other 8348
9999+information the division obtained during the supervision of such person 8349
10000+relevant to such person's participation in the program, including 8350
10001+whether the results of a criminal history record check, which the 8351
10002+division shall complete prior to the submission of the final progress 8352
10003+report, reveals that such person has engaged in any conduct that 8353
10004+constitutes a violation of (A) any statutory provision set forth in 8354
10005+subparagraph (B) of subdivision (2) of subsection (a) of this section; or 8355
10006+(B) any statutory provision in any other state the essential elements of 8356
10007+which are substantially the same as any statutory provision set forth in 8357
10008+subparagraph (B) of subdivision (2) of subsection (a) of this section, 8358
10009+during such person's period of participation in the program. 8359
10010+(3) If a participation certification indicates that a person who was 8360
10011+placed in the program successfully completed the alcohol education or 8361
10012+substance use treatment component ordered by the court, but the 8362
10013+program component provider recommends additional substance use 8363
10014+treatment for such person, the Court Support Services Division may, if 8364
10015+it deems such additional treatment appropriate, require such person to 8365
10016+participate in the recommended additional substance use treatment in 8366
10017+order to satisfactorily complete the pretrial impaired driving 8367
10018+intervention program. If the division requires such additional substance 8368
10019+use treatment, the division shall provide the court with a final progress 8369
10020+report in accordance with subdivision (2) of this subsection upon receipt 8370
10021+of the participation certification from the substance use treatment 8371
10022+provider for such additional treatment. 8372
10023+(k) (1) If any person successfully completes all components of the 8373
10024+program ordered by the court and any additional substance use 8374
10025+treatment required by the Court Support Services Division, such person 8375
10026+may apply for dismissal of the charges against such person at the 8376
10027+conclusion of such person's period of participation in the program. 8377
10028+Upon application, the court shall review the final progress report 8378
10029+submitted by the division regarding such person and any other relevant 8379
10030+information. If the court finds that such person has satisfactorily 8380
10031+Bill No.
10032+
10033+
10034+
10035+LCO No. 10834 272 of 295
10036+
10037+completed the pretrial impaired driving intervention program, the court 8381
10038+shall dismiss the charges. 8382
10039+(2) If any person who has successfully completed all components of 8383
10040+the program ordered by the court and any additional substance use 8384
10041+treatment required by the Court Support Services Division does not 8385
10042+apply for dismissal of the charges against such person at the conclusion 8386
10043+of such person's period of participation in the program, the court may, 8387
10044+upon its own motion, review the final progress report regarding such 8388
10045+person submitted by the division and any other relevant information. If 8389
10046+the court finds that such person has satisfactorily completed the pretrial 8390
10047+impaired driving intervention program, the court shall dismiss the 8391
10048+charges. 8392
10049+(3) Upon the motion of any person placed in the program and a 8393
10050+showing of good cause, the court may extend the program placement 8394
10051+period for a reasonable period of time to allow such person to complete 8395
10052+the applicable program components. 8396
10053+(l) If, upon review of the final progress report submitted by the Court 8397
10054+Support Services Division or any other relevant information, the court 8398
10055+finds that any person placed in the program has failed to successfully 8399
10056+complete any component of the program ordered by the court, is no 8400
10057+longer amenable to treatment or is otherwise ineligible to continue 8401
10058+participating in the program, the court shall terminate such person's 8402
10059+participation in the program. No program fees or substance use 8403
10060+treatment costs imposed pursuant to subsection (f) of this section shall 8404
10061+be refunded to any person whose participation in the program is 8405
10062+terminated. Unless such person requests, and the court grants, 8406
10063+reinstatement into the program pursuant to subsection (m) of this 8407
10064+section, the court shall order the court file of any person whose 8408
10065+participation in the program is terminated to be unsealed, enter a plea 8409
10066+of not guilty for such person and immediately place the case on the trial 8410
10067+list. 8411
10068+Bill No.
10069+
10070+
10071+
10072+LCO No. 10834 273 of 295
10073+
10074+(m) (1) Any person whose participation in the program is terminated 8412
10075+may ask the court to reinstate such person into the program up to two 8413
10076+times. If a person requests reinstatement into the program, the Court 8414
10077+Support Services Division shall verify that such person is eligible for 8415
10078+such reinstatement. If a person requesting reinstatement into the 8416
10079+program is eligible for reinstatement, the court may, in its discretion, 8417
10080+grant such person reinstatement into the program. When granting such 8418
10081+reinstatement, the court shall order the defendant to participate in an 8419
10082+appropriate alcohol education, substance use treatment or victim impact 8420
10083+component of the program. 8421
10084+(2) Any person reinstated into the program shall: (A) If ordered to 8422
10085+participate in the alcohol education component of the program, pay to 8423
10086+the court a nonrefundable program fee of two hundred fifty dollars, 8424
10087+which shall be credited to the pretrial account established under section 8425
10088+54-56k of the general statutes, or (B) if ordered to participate in the 8426
10089+substance use treatment component of the program, pay the costs of any 8427
10090+substance use treatment. The court shall not waive the program fee or 8428
10091+the costs of substance use treatment associated with reinstatement into 8429
10092+the program unless such person is found eligible to have such fee or cost 8430
10093+waived under subdivision (3) of subsection (f) of this section and such 8431
10094+person participates in the applicable alcohol education at a service 8432
10095+provider located in this state or substance use treatment at a substance 8433
10096+use treatment provider licensed by and located in this state. 8434
10097+(n) (1) If any person applies for both the pretrial impaired driving 8435
10098+intervention program under the provisions of this section and the 8436
10099+pretrial drug intervention and community service program pursuant to 8437
10100+section 166 of this act, for charges arising from the same arrest, and the 8438
10101+Department of Mental Health and Addiction Services, a licensed 8439
10102+substance use treatment provider, the Department of Veterans Affairs 8440
10103+or the United States Department of Veterans Affairs has already 8441
10104+completed the required evaluation and determination of the 8442
10105+appropriate drug education or substance use treatment component 8443
10106+pursuant to section 166 of this act, the court and the Court Support 8444
10107+Bill No.
10108+
10109+
10110+
10111+LCO No. 10834 274 of 295
10112+
10113+Services Division may rely on such evaluation and determination for the 8445
10114+purposes of ordering participation and directing attendance in the 8446
10115+alcohol education or substance use treatment component of the program 8447
10116+under the provisions of this section. If the court and the division rely on 8448
10117+such evaluation and determination, such person shall not be required to 8449
10118+pay the evaluation fee under the provisions of subdivision (2) of 8450
10119+subsection (b) of this section, provided that such person has paid, or the 8451
10120+court has waived, the evaluation fee pursuant to section 166 of this act. 8452
10121+(2) If any person is placed in both the pretrial impaired driving 8453
10122+intervention program under the provisions of this section and the 8454
10123+pretrial drug intervention and community service program pursuant to 8455
10124+section 166 of this act, for charges arising from the same arrest, the court 8456
10125+may find that (A) such person's successful completion of the drug 8457
10126+education component of the pretrial drug intervention and community 8458
10127+service program pursuant to section 166 of this act, satisfies such 8459
10128+person's required participation in the alcohol education component of 8460
10129+the pretrial impaired driving intervention program under the 8461
10130+provisions of this section; or (B) such person's successful completion of 8462
10131+the substance use treatment component of the pretrial drug intervention 8463
10132+and community service program pursuant to section 166 of this act, 8464
10133+satisfies such person's required participation in the substance use 8465
10134+treatment component of the pretrial impaired driving intervention 8466
10135+program under the provisions of this section. 8467
10136+(3) Nothing in this subsection shall relieve any person placed in both 8468
10137+the pretrial impaired driving intervention program pursuant to this 8469
10138+section and the pretrial drug intervention and community service 8470
10139+program pursuant to section 166 of this act, for charges arising from the 8471
10140+same arrest, from the requirement to participate in the: 8472
10141+(A) Victim impact component of the pretrial impaired driving 8473
10142+intervention program, if ordered by the court under the provisions of 8474
10143+this section, in order to satisfactorily complete the pretrial impaired 8475
10144+driving intervention program, or 8476
10145+Bill No.
10146+
10147+
10148+
10149+LCO No. 10834 275 of 295
10150+
10151+(B) Community service component of the pretrial drug intervention 8477
10152+and community service program pursuant to section 166 of this act, in 8478
10153+order to satisfactorily complete the pretrial drug intervention and 8479
10154+community service program. 8480
10155+(o) (1) The Court Support Services Division shall retain a record of 8481
10156+participation in the pretrial impaired driving intervention program for 8482
10157+a period of ten years from the date the court grants the application for, 8483
10158+and places the applicant in, the program pursuant to the provisions of 8484
10159+this section. 8485
10160+(2) For any person charged with a violation of section 14-227a of the 8486
10161+general statutes, section 14-227g of the general statutes, section 14-227m 8487
10162+of the general statutes or section 14-227n of the general statutes whose 8488
10163+charges were dismissed pursuant to the provisions of this section, the 8489
10164+division shall transmit to the Department of Motor Vehicles the record 8490
10165+of such person's participation in the program. The Department of Motor 8491
10166+Vehicles shall maintain the record of any person's participation in such 8492
10167+program as part of such person's driving record for a period of ten years. 8493
10168+(3) For any person charged with a violation of subsection (d) of 8494
10169+section 15-133 of the general statutes or section 15-140n of the general 8495
10170+statutes whose charges were dismissed pursuant to the provisions of 8496
10171+this section, the division shall transmit to the Department of Energy and 8497
10172+Environmental Protection the record of such person's participation in 8498
10173+the program. The Department of Energy and Environmental Protection 8499
10174+shall maintain the record of any person's participation in such program 8500
10175+as a part of such person's boater certification record for a period of ten 8501
10176+years. 8502
10177+Sec. 168. Section 54-56g of the general statutes is repealed and the 8503
10178+following is substituted in lieu thereof (Effective from passage): 8504
10179+(a) (1) There shall be a pretrial alcohol education program for persons 8505
10180+charged with a violation of section 14-227a, 14-227g or 14-227m, 8506
10181+subdivision (1) or (2) of subsection (a) of section 14-227n or section 15-8507
10182+Bill No.
10183+
10184+
10185+
10186+LCO No. 10834 276 of 295
10187+
10188+133 or 15-140n. Upon application by any such person for participation 8508
10189+in such program, the court shall, but only as to the public, order the 8509
10190+court file sealed, and such person shall pay to the court an application 8510
10191+fee of one hundred dollars and a nonrefundable evaluation fee of one 8511
10192+hundred dollars, and such person shall state under oath, in open court 8512
10193+or before any person designated by the clerk and duly authorized to 8513
10194+administer oaths, under penalties of perjury that: (A) If such person is 8514
10195+charged with a violation of section 14-227a, 14-227g or 14-227m, 8515
10196+subdivision (1) or (2) of subsection (a) of section 14-227n, subsection (d) 8516
10197+of section 15-133 or section 15-140n, such person has not had such 8517
10198+program invoked in such person's behalf within the preceding ten years 8518
10199+for a violation of section 14-227a, 14-227g or 14-227m, subdivision (1) or 8519
10200+(2) of subsection (a) of section 14-227n, subsection (d) of section 15-133 8520
10201+or section 15-140n, (B) such person has not been convicted of a violation 8521
10202+of section 53a-56b or 53a-60d, a violation of subsection (a) of section 14-8522
10203+227a before, on or after October 1, 1981, a violation of subdivision (1) or 8523
10204+(2) of subsection (a) of section 14-227a on or after October 1, 1985, a 8524
10205+violation of section 14-227g, a violation of section 14-227m or a violation 8525
10206+of subdivision (1) or (2) of subsection (a) of section 14-227n, (C) such 8526
10207+person has not been convicted of a violation of section 15-132a, 8527
10208+subsection (d) of section 15-133, section 15-140l or section 15-140n, (D) 8528
10209+such person has not been convicted in any other state at any time of an 8529
10210+offense the essential elements of which are substantially the same as 8530
10211+section 53a-56b, 53a-60d, 15-132a, 15-140l or 15-140n, subdivision (1) or 8531
10212+(2) of subsection (a) of section 14-227a, section 14-227m, subdivision (1) 8532
10213+or (2) of subsection (a) of section 14-227n or subsection (d) of section 15-8533
10214+133, and (E) notice has been given by such person, by registered or 8534
10215+certified mail on a form prescribed by the Office of the Chief Court 8535
10216+Administrator, to each victim who sustained a serious physical injury, 8536
10217+as defined in section 53a-3, which was caused by such person's alleged 8537
10218+violation, that such person has applied to participate in the pretrial 8538
10219+alcohol education program and that such victim has an opportunity to 8539
10220+be heard by the court on the application. 8540
10221+Bill No.
10222+
10223+
10224+
10225+LCO No. 10834 277 of 295
10226+
10227+(2) The court shall provide each such victim who sustained a serious 8541
10228+physical injury an opportunity to be heard prior to granting an 8542
10229+application under this section. Unless good cause is shown, a person 8543
10230+shall be ineligible for participation in such pretrial alcohol education 8544
10231+program if such person's alleged violation of section 14-227a, 14-227g or 8545
10232+14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n or 8546
10233+subsection (d) of section 15-133 caused the serious physical injury, as 8547
10234+defined in section 53a-3, of another person. 8548
10235+(3) The application fee imposed under this subsection shall be 8549
10236+credited to the Criminal Injuries Compensation Fund established under 8550
10237+section 54-215. The evaluation fee imposed under this subsection shall 8551
10238+be credited to the pretrial account established under section 54-56k. 8552
10239+(b) The court, after consideration of the recommendation of the state's 8553
10240+attorney, assistant state's attorney or deputy assistant state's attorney in 8554
10241+charge of the case, may, in its discretion, grant such application. If the 8555
10242+court grants such application, the court shall refer such person to the 8556
10243+Court Support Services Division for assessment and confirmation of the 8557
10244+eligibility of the applicant and to the Department of Mental Health and 8558
10245+Addiction Services for evaluation. The Court Support Services Division, 8559
10246+in making its assessment and confirmation, may rely on the 8560
10247+representations made by the applicant under oath in open court with 8561
10248+respect to convictions in other states of offenses specified in subsection 8562
10249+(a) of this section. Upon confirmation of eligibility and receipt of the 8563
10250+evaluation report, the defendant shall be referred to the Department of 8564
10251+Mental Health and Addiction Services by the Court Support Services 8565
10252+Division for placement in an appropriate alcohol intervention program 8566
10253+for one year, or be placed in a state-licensed substance abuse treatment 8567
10254+program. The alcohol intervention program shall include a ten-session 8568
10255+intervention program and a fifteen-session intervention program. Any 8569
10256+person who enters the pretrial alcohol education program shall agree: 8570
10257+(1) To the tolling of the statute of limitations with respect to such crime, 8571
10258+(2) to a waiver of such person's right to a speedy trial, (3) to complete 8572
10259+ten or fifteen counseling sessions in an alcohol intervention program or 8573
10260+Bill No.
10261+
10262+
10263+
10264+LCO No. 10834 278 of 295
10265+
10266+successfully complete a substance abuse treatment program of not less 8574
10267+than twelve sessions pursuant to this section dependent upon the 8575
10268+evaluation report and the court order, (4) to commence participation in 8576
10269+an alcohol intervention program or substance abuse treatment program 8577
10270+not later than ninety days after the date of entry of the court order unless 8578
10271+granted a delayed entry into a program by the court, (5) upon 8579
10272+completion of participation in the alcohol intervention program, to 8580
10273+accept placement in a substance abuse treatment program upon the 8581
10274+recommendation of a provider under contract with the Department of 8582
10275+Mental Health and Addiction Services pursuant to subsection (f) of this 8583
10276+section or placement in a state-licensed substance abuse treatment 8584
10277+program which meets standards established by the Department of 8585
10278+Mental Health and Addiction Services, if the Court Support Services 8586
10279+Division deems it appropriate, and (6) if ordered by the court, to 8587
10280+participate in at least one victim impact panel. The suspension of the 8588
10281+motor vehicle operator's license of any such person pursuant to section 8589
10282+14-227b shall be effective during the period such person is participating 8590
10283+in the pretrial alcohol education program, provided such person shall 8591
10284+have the option of not commencing the participation in such program 8592
10285+until the period of such suspension is completed. If the Court Support 8593
10286+Services Division informs the court that the defendant is ineligible for 8594
10287+such program and the court makes a determination of ineligibility or if 8595
10288+the program provider certifies to the court that the defendant did not 8596
10289+successfully complete the assigned program or is no longer amenable to 8597
10290+treatment and such person does not request, or the court denies, 8598
10291+program reinstatement under subsection (e) of this section, the court 8599
10292+shall order the court file to be unsealed, enter a plea of not guilty for 8600
10293+such defendant and immediately place the case on the trial list. If such 8601
10294+defendant satisfactorily completes the assigned program, such 8602
10295+defendant may apply for dismissal of the charges against such 8603
10296+defendant and the court, on reviewing the record of the defendant's 8604
10297+participation in such program submitted by the Court Support Services 8605
10298+Division and on finding such satisfactory completion, shall dismiss the 8606
10299+charges. If the defendant does not apply for dismissal of the charges 8607
10300+Bill No.
10301+
10302+
10303+
10304+LCO No. 10834 279 of 295
10305+
10306+against such defendant after satisfactorily completing the assigned 8608
10307+program the court, upon receipt of the record of the defendant's 8609
10308+participation in such program submitted by the Court Support Services 8610
10309+Division, may on its own motion make a finding of such satisfactory 8611
10310+completion and dismiss the charges. Upon motion of the defendant and 8612
10311+a showing of good cause, the court may extend the one-year placement 8613
10312+period for a reasonable period for the defendant to complete the 8614
10313+assigned program. A record of participation in such program shall be 8615
10314+retained by the Court Support Services Division for a period of ten years 8616
10315+from the date the court grants the application for participation in such 8617
10316+program. The Court Support Services Division shall transmit to the 8618
10317+Department of Motor Vehicles a record of participation in such program 8619
10318+for each person who satisfactorily completes such program. The 8620
10319+Department of Motor Vehicles shall maintain for a period of ten years 8621
10320+the record of a person's participation in such program as part of such 8622
10321+person's driving record. The Court Support Services Division shall 8623
10322+transmit to the Department of Energy and Environmental Protection the 8624
10323+record of participation of any person who satisfactorily completes such 8625
10324+program who has been charged with a violation of the provisions of 8626
10325+subsection (d) of section 15-133 or section 15-140n. The Department of 8627
10326+Energy and Environmental Protection shall maintain for a period of ten 8628
10327+years the record of a person's participation in such program as a part of 8629
10328+such person's boater certification record. 8630
10329+(c) At the time the court grants the application for participation in the 8631
10330+pretrial alcohol education program, such person shall also pay to the 8632
10331+court a nonrefundable program fee of three hundred fifty dollars if such 8633
10332+person is ordered to participate in the ten-session intervention program 8634
10333+and a nonrefundable program fee of five hundred dollars if such person 8635
10334+is ordered to participate in the fifteen-session intervention program. If 8636
10335+the court grants the application for participation in the pretrial alcohol 8637
10336+education program and such person is ordered to participate in a 8638
10337+substance abuse treatment program, such person shall be responsible 8639
10338+for the costs associated with participation in such program. No person 8640
10339+Bill No.
10340+
10341+
10342+
10343+LCO No. 10834 280 of 295
10344+
10345+may be excluded from either program for inability to pay such fee or 8641
10346+cost, provided (1) such person files with the court an affidavit of 8642
10347+indigency or inability to pay, (2) such indigency or inability to pay is 8643
10348+confirmed by the Court Support Services Division, and (3) the court 8644
10349+enters a finding thereof. If the court finds that a person is indigent or 8645
10350+unable to pay for a treatment program, the costs of such program shall 8646
10351+be paid from the pretrial account established under section 54-56k. If the 8647
10352+court finds that a person is indigent or unable to pay for an intervention 8648
10353+program, the court may waive all or any portion of the fee for such 8649
10354+intervention program. If the court denies the application, such person 8650
10355+shall not be required to pay the program fee. If the court grants the 8651
10356+application and such person is later determined to be ineligible for 8652
10357+participation in such pretrial alcohol education program or fails to 8653
10358+complete the assigned program, the program fee shall not be refunded. 8654
10359+All program fees shall be credited to the pretrial account established 8655
10360+under section 54-56k. 8656
10361+(d) If a person returns to court with certification from a program 8657
10362+provider that such person did not successfully complete the assigned 8658
10363+program or is no longer amenable to treatment, the provider, to the 8659
10364+extent practicable, shall include a recommendation to the court as to 8660
10365+whether a ten-session intervention program, a fifteen-session 8661
10366+intervention program or placement in a state-licensed substance abuse 8662
10367+treatment program would best serve such person's needs. The provider 8663
10368+shall also indicate whether the current program referral was an initial 8664
10369+referral or a reinstatement to the program. 8665
10370+(e) When a person subsequently requests reinstatement into an 8666
10371+alcohol intervention program or a substance abuse treatment program 8667
10372+and the Court Support Services Division verifies that such person is 8668
10373+eligible for reinstatement into such program and thereafter the court 8669
10374+favorably acts on such request, such person shall pay a nonrefundable 8670
10375+program fee of one hundred seventy-five dollars if ordered to complete 8671
10376+a ten-session intervention program or two hundred fifty dollars if 8672
10377+ordered to complete a fifteen-session intervention program, as the case 8673
10378+Bill No.
10379+
10380+
10381+
10382+LCO No. 10834 281 of 295
10383+
10384+may be. Unless good cause is shown, such fees shall not be waived. If 8674
10385+the court grants a person's request to be reinstated into a treatment 8675
10386+program, such person shall be responsible for the costs, if any, 8676
10387+associated with being reinstated into the treatment program. All 8677
10388+program fees collected in connection with a reinstatement to an 8678
10389+intervention program shall be credited to the pretrial account 8679
10390+established under section 54-56k. No person shall be permitted more 8680
10391+than two program reinstatements pursuant to this subsection. 8681
10392+(f) The Department of Mental Health and Addiction Services shall 8682
10393+contract with service providers, develop standards and oversee 8683
10394+appropriate alcohol programs to meet the requirements of this section. 8684
10395+Said department shall adopt regulations, in accordance with chapter 54, 8685
10396+to establish standards for such alcohol programs. Any person ordered 8686
10397+to participate in a treatment program shall do so at a state-licensed 8687
10398+treatment program which meets the standards established by said 8688
10399+department. Any defendant whose employment or residence makes it 8689
10400+unreasonable to attend an alcohol intervention program or a substance 8690
10401+abuse treatment program in this state may attend a program in another 8691
10402+state which has standards substantially similar to, or higher than, those 8692
10403+of this state, subject to the approval of the court and payment of the 8693
10404+application, evaluation and program fees and treatment costs, as 8694
10405+appropriate, as provided in this section. 8695
10406+(g) The court may, as a condition of granting such application, require 8696
10407+that such person participate in a victim impact panel program approved 8697
10408+by the Court Support Services Division of the Judicial Department. Such 8698
10409+victim impact panel program shall provide a nonconfrontational forum 8699
10410+for the victims of alcohol-related or drug-related offenses and offenders 8700
10411+to share experiences on the impact of alcohol-related or drug-related 8701
10412+incidents in their lives. Such victim impact panel program shall be 8702
10413+conducted by a nonprofit organization that advocates on behalf of 8703
10414+victims of accidents caused by persons who operated a motor vehicle 8704
10415+while under the influence of intoxicating liquor or any drug, or both. 8705
10416+Such organization may assess a participation fee of not more than 8706
10417+Bill No.
10418+
10419+
10420+
10421+LCO No. 10834 282 of 295
10422+
10423+seventy-five dollars on any person required by the court to participate 8707
10424+in such program, provided such organization shall offer a hardship 8708
10425+waiver when it has determined that the imposition of a fee would pose 8709
10426+an economic hardship for such person. 8710
10427+(h) The provisions of this section shall not be applicable in the case of 8711
10428+any person charged with a violation of section 14-227a or 14-227m or 8712
10429+subdivision (1) or (2) of subsection (a) of section 14-227n (1) while 8713
10430+operating a commercial motor vehicle, as defined in section 14-1, or (2) 8714
10431+who holds a commercial driver's license or commercial driver's 8715
10432+instruction permit at the time of the violation. 8716
10433+(i) A court may not grant an application to participate in the pretrial 8717
10434+alcohol education program under this section on or after April 1, 2022. 8718
10435+Anyone participating in the program on April 1, 2022, may continue 8719
10436+such participation until successful completion of the program or 8720
10437+termination of participation in the program after any possible 8721
10438+reinstatements in the program. 8722
10439+Sec. 169. Section 54-56i of the general statutes is repealed and the 8723
10440+following is substituted in lieu thereof (Effective from passage): 8724
10441+(a) There is established a pretrial drug education and community 8725
10442+service program for persons charged with a violation of section 21a-267, 8726
10443+21a-279 or 21a-279a. The pretrial drug education and community service 8727
10444+program shall include a fifteen-session drug education program and a 8728
10445+substance abuse treatment program of not less than fifteen sessions, and 8729
10446+the performance of community service. 8730
10447+(b) Upon application by any such person for participation in such 8731
10448+program, the court shall, but only as to the public, order the court file 8732
10449+sealed, and such person shall pay to the court of an application fee of 8733
10450+one hundred dollars and a nonrefundable evaluation fee of one hundred 8734
10451+fifty dollars. A person shall be ineligible for participation in such pretrial 8735
10452+drug education and community service program if such person has 8736
10453+twice previously participated in (1) the pretrial drug education program 8737
10454+Bill No.
10455+
10456+
10457+
10458+LCO No. 10834 283 of 295
10459+
10460+established under the provisions of this section in effect prior to October 8738
10461+1, 2013, (2) the community service labor program established under 8739
10462+section 53a-39c, (3) the pretrial drug education and community service 8740
10463+program established under this section, or (4) any of such programs, 8741
10464+except that the court may allow a person who has twice previously 8742
10465+participated in such programs to participate in the pretrial drug 8743
10466+education and community service program one additional time, for 8744
10467+good cause shown. The evaluation and application fee imposed under 8745
10468+this subsection shall be credited to the pretrial account established 8746
10469+under section 54-56k. 8747
10470+(c) The court, after consideration of the recommendation of the state's 8748
10471+attorney, assistant state's attorney or deputy assistant state's attorney in 8749
10472+charge of the case, may, in its discretion, grant such application. If the 8750
10473+court grants such application, the court shall refer such person (1) to the 8751
10474+Court Support Services Division for confirmation of the eligibility of the 8752
10475+applicant, (2) to the Department of Mental Health and Addiction 8753
10476+Services for evaluation and determination of an appropriate drug 8754
10477+education or substance abuse treatment program for the first or second 8755
10478+time such application is granted, and (3) to a state-licensed substance 8756
10479+abuse treatment program for evaluation and determination of an 8757
10480+appropriate substance abuse treatment program for the third time such 8758
10481+application is granted, except that, if such person is a veteran, the court 8759
10482+may refer such person to the Department of Veterans Affairs or the 8760
10483+United States Department of Veterans Affairs, as applicable, for any 8761
10484+such evaluation and determination. For the purposes of this subsection 8762
10485+and subsection (d) of this section, "veteran" means any person who was 8763
10486+discharged or released under conditions other than dishonorable from 8764
10487+active service in the armed forces as defined in section 27-103. 8765
10488+(d) (1) (A) Upon confirmation of eligibility and receipt of the 8766
10489+evaluation and determination required under subsection (c) of this 8767
10490+section, such person shall be placed in the pretrial drug education and 8768
10491+community service program and referred by the Court Support Services 8769
10492+Division for the purpose of receiving appropriate drug education 8770
10493+Bill No.
10494+
10495+
10496+
10497+LCO No. 10834 284 of 295
10498+
10499+services or substance abuse treatment program services, as 8771
10500+recommended by the evaluation conducted pursuant to subsection (c) 8772
10501+of this section and ordered by the court, to the Department of Mental 8773
10502+Health and Addiction Services or to a state-licensed substance abuse 8774
10503+treatment program for placement in the appropriate drug education or 8775
10504+substance abuse treatment program, except that, if such person is a 8776
10505+veteran, the division may refer such person to the Department of 8777
10506+Veterans Affairs or the United States Department of Veterans Affairs, 8778
10507+subject to the provisions of subdivision (2) of this subsection. 8779
10508+(B) Persons who have been granted entry into the pretrial drug 8780
10509+education and community service program for the first time shall 8781
10510+participate in either a fifteen-session drug education program or a 8782
10511+substance abuse treatment program of not less than fifteen sessions, as 8783
10512+ordered by the court on the basis of the evaluation and determination 8784
10513+required under subsection (c) of this section. Persons who have been 8785
10514+granted entry into the pretrial drug education and community service 8786
10515+program for the second time shall participate in either a fifteen-session 8787
10516+drug education program or a substance abuse treatment program of not 8788
10517+less than fifteen sessions, as ordered by the court based on the 8789
10518+evaluation and determination required under subsection (c) of this 8790
10519+section. Persons who have been granted entry into the pretrial drug 8791
10520+education and community service program for a third time shall be 8792
10521+referred to a state-licensed substance abuse program for evaluation and 8793
10522+participation in a course of treatment as ordered by the court based on 8794
10523+the evaluation and determination required under subsection (c) of this 8795
10524+section. 8796
10525+(C) Persons who have been granted entry into the pretrial drug 8797
10526+education and community service program shall also participate in a 8798
10527+community service program administered by the Court Support 8799
10528+Services Division pursuant to section 53a-39c. Persons who have been 8800
10529+granted entry into the pretrial drug education and community service 8801
10530+program for the first time shall participate in the community service 8802
10531+program for a period of five days. Persons who have been granted entry 8803
10532+Bill No.
10533+
10534+
10535+
10536+LCO No. 10834 285 of 295
10537+
10538+into the pretrial drug education and community service program for the 8804
10539+second time shall participate in the community service program for a 8805
10540+period of fifteen days. Persons who have been granted entry into the 8806
10541+pretrial drug education and community service program for a third or 8807
10542+additional time shall participate in the community service program for 8808
10543+a period of thirty days. 8809
10544+(D) Placement in the pretrial drug education and community service 8810
10545+program pursuant to this section shall not exceed one year. Persons 8811
10546+receiving substance abuse treatment program services in accordance 8812
10547+with the provisions of this section shall only receive such services at 8813
10548+state-licensed substance abuse treatment program facilities that are in 8814
10549+compliance with all state standards governing the operation of such 8815
10550+facilities, except that, if such person is a veteran, such person may 8816
10551+receive services from facilities under the supervision of the Department 8817
10552+of Veterans Affairs or the United States Department of Veterans Affairs, 8818
10553+subject to the provisions of subdivision (2) of this subsection. 8819
10554+(E) Any person who enters the pretrial drug education and 8820
10555+community service program shall agree: (i) To the tolling of the statute 8821
10556+of limitations with respect to such crime; (ii) to a waiver of such person's 8822
10557+right to a speedy trial; (iii) to complete participation in the pretrial drug 8823
10558+education and community service program, as ordered by the court; (iv) 8824
10559+to commence participation in the pretrial drug education and 8825
10560+community service program not later than ninety days after the date of 8826
10561+entry of the court order unless granted a delayed entry into the program 8827
10562+by the court; and (v) upon completion of participation in the pretrial 8828
10563+drug education and community service program, to accept (I) placement 8829
10564+in a treatment program upon the recommendation of a provider under 8830
10565+contract with the Department of Mental Health and Addiction Services 8831
10566+or a provider under the supervision of the Department of Veterans 8832
10567+Affairs or the United States Department of Veterans Affairs, or (II) 8833
10568+placement in a treatment program that has standards substantially 8834
10569+similar to, or higher than, a program of a provider under contract with 8835
10570+the Department of Mental Health and Addiction Services, if the Court 8836
10571+Bill No.
10572+
10573+
10574+
10575+LCO No. 10834 286 of 295
10576+
10577+Support Services Division deems it appropriate. 8837
10578+(2) The Court Support Services Division may only refer a veteran to 8838
10579+the Department of Veterans Affairs or the United States Department of 8839
10580+Veterans Affairs for the receipt of services under the program if (A) the 8840
10581+division determines that such services will be provided in a timely 8841
10582+manner under standards substantially similar to, or higher than, 8842
10583+standards for services provided by the Department of Mental Health 8843
10584+and Addiction Services under the program, and (B) the applicable 8844
10585+department agrees to submit timely program participation and 8845
10586+completion reports to the division in the manner required by the 8846
10587+division. 8847
10588+(e) If the Court Support Services Division informs the court that such 8848
10589+person is ineligible for the program and the court makes a determination 8849
10590+of ineligibility or if the program provider certifies to the court that such 8850
10591+person did not successfully complete the assigned program and such 8851
10592+person did not request, or the court denied, reinstatement in the 8852
10593+program under subsection (i) of this section, the court shall order the 8853
10594+court file to be unsealed, enter a plea of not guilty for such person and 8854
10595+immediately place the case on the trial list. 8855
10596+(f) If such person satisfactorily completes the assigned program, such 8856
10597+person may apply for dismissal of the charges against such person and 8857
10598+the court, on reviewing the record of such person's participation in such 8858
10599+program submitted by the Court Support Services Division and on 8859
10600+finding such satisfactory completion, shall dismiss the charges. If such 8860
10601+person does not apply for dismissal of the charges against such person 8861
10602+after satisfactorily completing the assigned program, the court, upon 8862
10603+receipt of the record of such person's participation in such program 8863
10604+submitted by the Court Support Services Division, may on its own 8864
10605+motion make a finding of such satisfactory completion and dismiss the 8865
10606+charges. Upon motion of such person and a showing of good cause, the 8866
10607+court may extend the placement period for a reasonable period of time 8867
10608+to allow such person to complete the assigned program. A record of 8868
10609+Bill No.
10610+
10611+
10612+
10613+LCO No. 10834 287 of 295
10614+
10615+participation in such program shall be retained by the Court Support 8869
10616+Services Division for a period of ten years from the date the court grants 8870
10617+the application for participation in the program. 8871
10618+(g) At the time the court grants the application for participation in the 8872
10619+pretrial drug education and community service program, any person 8873
10620+ordered to participate in such drug education program shall pay to the 8874
10621+court a nonrefundable program fee of six hundred dollars. If the court 8875
10622+orders participation in a substance abuse treatment program, such 8876
10623+person shall pay to the court a nonrefundable program fee of one 8877
10624+hundred dollars and shall be responsible for the costs associated with 8878
10625+such program. No person may be excluded from any such program for 8879
10626+inability to pay such fee or cost, provided (1) such person files with the 8880
10627+court an affidavit of indigency or inability to pay, (2) such indigency or 8881
10628+inability to pay is confirmed by the Court Support Services Division, 8882
10629+and (3) the court enters a finding thereof. The court may waive all or any 8883
10630+portion of such fee depending on such person's ability to pay. If the 8884
10631+court finds that a person is indigent or unable to pay for a substance 8885
10632+abuse treatment program, the costs of such program shall be paid from 8886
10633+the pretrial account established under section 54-56k. If the court denies 8887
10634+the application, such person shall not be required to pay the program 8888
10635+fee. If the court grants the application, and such person is later 8889
10636+determined to be ineligible for participation in such pretrial drug 8890
10637+education and community service program or fails to complete the 8891
10638+assigned program, the program fee shall not be refunded. All program 8892
10639+fees shall be credited to the pretrial account established under section 8893
10640+54-56k. 8894
10641+(h) If a person returns to court with certification from a program 8895
10642+provider that such person did not successfully complete the assigned 8896
10643+program or is no longer amenable to treatment, the provider, to the 8897
10644+extent practicable, shall include a recommendation to the court as to 8898
10645+whether placement in a drug education program or placement in a 8899
10646+substance abuse treatment program would best serve such person's 8900
10647+needs. The provider shall also indicate whether the current program 8901
10648+Bill No.
10649+
10650+
10651+
10652+LCO No. 10834 288 of 295
10653+
10654+referral was an initial referral or a reinstatement to the program. 8902
10655+(i) When a person subsequently requests reinstatement into a drug 8903
10656+education program or a substance abuse treatment program and the 8904
10657+Court Support Services Division verifies that such person is eligible for 8905
10658+reinstatement into such program and thereafter the court favorably acts 8906
10659+on such request, any person reinstated into such drug education 8907
10660+program shall pay a nonrefundable program fee of two hundred fifty 8908
10661+dollars, and any person reinstated into a substance abuse treatment 8909
10662+program shall be responsible for the costs, if any, associated with being 8910
10663+reinstated into the treatment program. Unless good cause is shown, 8911
10664+such program fee shall not be waived. All program fees collected in 8912
10665+connection with a reinstatement to a drug education program shall be 8913
10666+credited to the pretrial account established under section 54-56k. No 8914
10667+person shall be permitted more than two program reinstatements 8915
10668+pursuant to this subsection. 8916
10669+(j) The Department of Mental Health and Addiction Services shall 8917
10670+develop standards and oversee appropriate drug education programs 8918
10671+that it administers to meet the requirements of this section and may 8919
10672+contract with service providers to provide such programs. The 8920
10673+department shall adopt regulations, in accordance with chapter 54, to 8921
10674+establish standards for such drug education programs. 8922
10675+(k) Any person whose employment or residence or schooling makes 8923
10676+it unreasonable to attend a drug education program or substance abuse 8924
10677+treatment program in this state may attend a program in another state 8925
10678+that has standards similar to, or higher than, those of this state, subject 8926
10679+to the approval of the court and payment of the program fee or costs as 8927
10680+provided in this section. 8928
10681+(l) A court may not grant an application to participate in the pretrial 8929
10682+drug education and community service program under this section on 8930
10683+or after April 1, 2022. Anyone participating in the program on April 1, 8931
10684+2022, may continue such participation until successful completion of the 8932
10685+Bill No.
10686+
10687+
10688+
10689+LCO No. 10834 289 of 295
10690+
10691+program or termination of participation in the program after any 8933
10692+possible reinstatements in the program. 8934
10693+Sec. 170. Subsection (b) of section 14-227j of the general statutes is 8935
10694+repealed and the following is substituted in lieu thereof (Effective April 8936
10695+1, 2022): 8937
10696+(b) Any person who has been arrested for a violation of section 14-8938
10697+227a or 14-227m, subdivision (1) or (2) of subsection (a) of section 14-8939
10698+227n or section 53a-56b or 53a-60d, may be ordered by the court not to 8940
10699+operate any motor vehicle unless such motor vehicle is equipped with 8941
10700+an ignition interlock device. Any such order may be made as a condition 8942
10701+of such person's release on bail, as a condition of probation or as a 8943
10702+condition of granting such person's application for participation in the 8944
10703+pretrial alcohol education program under section 54-56g or the pretrial 8945
10704+impaired driving intervention program under section 167 of this act and 8946
10705+may include any other terms and conditions as to duration, use, proof 8947
10706+of installation or any other matter that the court determines to be 8948
10707+appropriate or necessary. 8949
10708+Sec. 171. Section 54-66a of the general statutes is repealed and the 8950
10709+following is substituted in lieu thereof (Effective April 1, 2022): 8951
10710+Any bail bond posted in any criminal proceeding in this state shall be 8952
10711+automatically terminated and released whenever the defendant: (1) Is 8953
10712+granted accelerated rehabilitation pursuant to section 54-56e; (2) is 8954
10713+granted admission to the pretrial alcohol education program pursuant 8955
10714+to section 54-56g; (3) is granted admission to the pretrial family violence 8956
10715+education program pursuant to section 46b-38c; (4) is granted admission 8957
10716+to the pretrial drug education and community service program 8958
10717+pursuant to section 54-56i; (5) has the complaint or information filed 8959
10718+against such defendant dismissed; (6) has the prosecution of the 8960
10719+complaint or information filed against such defendant terminated by 8961
10720+entry of a nolle prosequi; (7) is acquitted; (8) is sentenced by the court 8962
10721+and a stay of such sentence, if any, is lifted; (9) is granted admission to 8963
10722+Bill No.
10723+
10724+
10725+
10726+LCO No. 10834 290 of 295
10727+
10728+the pretrial school violence prevention program pursuant to section 54-8964
10729+56j; (10) is charged with a violation of section 29-33, 53-202l or 53-202w, 8965
10730+and prosecution has been suspended pursuant to subsection (h) of 8966
10731+section 29-33; (11) is charged with a violation of section 29-37a and 8967
10732+prosecution has been suspended pursuant to subsection (i) of section 29-8968
10733+37a; (12) is granted admission to the supervised diversionary program 8969
10734+for persons with psychiatric disabilities, or persons who are veterans, 8970
10735+pursuant to section 54-56l; [or] (13) is granted admission to a 8971
10736+diversionary program for young persons charged with a motor vehicle 8972
10737+violation or an alcohol-related offense pursuant to section 54-56p; (14) is 8973
10738+granted admission to the pretrial drug intervention and community 8974
10739+service program pursuant to section 166 of this act; or (15) is granted 8975
10740+admission to the pretrial impaired driving intervention program 8976
10741+pursuant to section 167 of this act. 8977
10742+Sec. 172. Section 54-56k of the general statutes is repealed and the 8978
10743+following is substituted in lieu thereof (Effective April 1, 2022): 8979
10744+(a) There is established an account to be known as the pretrial 8980
10745+account. The account shall contain any moneys required by law to be 8981
10746+deposited in the account and shall be a separate, nonlapsing account of 8982
10747+the General Fund. Investment earnings credited to the account shall 8983
10748+become part of the assets of the account. Any balance remaining in said 8984
10749+account at the end of any fiscal year shall be carried forward in the 8985
10750+account for the next fiscal year. 8986
10751+(b) There shall be deposited in the pretrial account (1) all evaluation 8987
10752+fees collected pursuant to subsection (a) of section 54-56g and subsection 8988
10753+(b) of section 54-56i [and] (2) all program fees collected pursuant to 8989
10754+subsections (c) and (e) of section 54-56g and subsections (g) and (i) of 8990
10755+section 54-56i [and] funds appropriated in subsection (a) of section 47 of 8991
10756+special act 01-1 of the June special session, (3) fees collected pursuant to 8992
10757+subdivision (2) of subsection (b), subdivision (1) of subsection (e) and 8993
10758+subparagraph (A) of subdivision (2) of subsection (k) of section 166 of 8994
10759+this act, and (4) the evaluation fee collected pursuant to subdivision (2) 8995
10760+Bill No.
10761+
10762+
10763+
10764+LCO No. 10834 291 of 295
10765+
10766+of subsection (b), and fees collected pursuant to subdivision (1) of 8996
10767+subsection (f) and subparagraph (A) of subdivision (2) of subsection (m) 8997
10768+of section 167 of this act. 8998
10769+(c) Amounts in the pretrial account shall be available to fund the cost 8999
10770+of operating the pretrial alcohol and drug education programs 9000
10771+established under sections 54-56g and 54-56i, the pretrial drug 9001
10772+intervention and community service program established under section 9002
10773+166 of this act and the pretrial impaired driving intervention program 9003
10774+established under section 167 of this act. 9004
10775+Sec. 173. Sections 12-651 to 12-660, inclusive, and 21a-408n of the 9005
10776+general statutes are repealed. (Effective July 1, 2021) 9006
10777+This act shall take effect as follows and shall amend the following
10778+sections:
10779+
10780+Section 1 from passage New section
10781+Sec. 2 July 1, 2021 21a-279(a)
10782+Sec. 3 July 1, 2021 21a-279a
10783+Sec. 4 July 1, 2021 21a-267
10784+Sec. 5 July 1, 2021 46b-120
10785+Sec. 6 July 1, 2021 51-164n(b)
10786+Sec. 7 July 1, 2021 New section
10787+Sec. 8 July 1, 2022 New section
10788+Sec. 9 January 1, 2023 New section
10789+Sec. 10 January 1, 2023 54-142e
10790+Sec. 11 July 1, 2021 New section
10791+Sec. 12 July 1, 2021 New section
10792+Sec. 13 July 1, 2021 New section
10793+Sec. 14 July 1, 2021 New section
10794+Sec. 15 July 1, 2021 21a-277(b)
10795+Sec. 16 July 1, 2021 New section
10796+Sec. 17 July 1, 2021 54-63d(c)
10797+Sec. 18 July 1, 2021 New section
10798+Sec. 19 October 1, 2021 10-221(d)
10799+Sec. 20 October 1, 2021 New section
10800+Sec. 21 July 1, 2021 New section
10801+Bill No.
10802+
10803+
10804+
10805+LCO No. 10834 292 of 295
10806+
10807+Sec. 22 from passage New section
10808+Sec. 23 from passage New section
10809+Sec. 24 July 1, 2021 New section
10810+Sec. 25 July 1, 2021 New section
10811+Sec. 26 July 1, 2021 New section
10812+Sec. 27 July 1, 2021 New section
10813+Sec. 28 July 1, 2021 New section
10814+Sec. 29 July 1, 2021 New section
10815+Sec. 30 July 1, 2021 New section
10816+Sec. 31 July 1, 2021 New section
10817+Sec. 32 from passage New section
10818+Sec. 33 July 1, 2021 New section
10819+Sec. 34 July 1, 2021 New section
10820+Sec. 35 July 1, 2021 New section
10821+Sec. 36 July 1, 2021 New section
10822+Sec. 37 July 1, 2021 New section
10823+Sec. 38 from passage New section
10824+Sec. 39 from passage New section
10825+Sec. 40 July 1, 2021 New section
10826+Sec. 41 July 1, 2021 New section
10827+Sec. 42 July 1, 2021 New section
10828+Sec. 43 July 1, 2021 New section
10829+Sec. 44 July 1, 2021 New section
10830+Sec. 45 July 1, 2021 New section
10831+Sec. 46 July 1, 2021 New section
10832+Sec. 47 July 1, 2021 New section
10833+Sec. 48 July 1, 2021 New section
10834+Sec. 49 July 1, 2021 New section
10835+Sec. 50 July 1, 2021 New section
10836+Sec. 51 from passage New section
10837+Sec. 52 July 1, 2021 New section
10838+Sec. 53 July 1, 2021 New section
10839+Sec. 54 July 1, 2021 New section
10840+Sec. 55 July 1, 2021 New section
10841+Sec. 56 January 1, 2022 New section
10842+Sec. 57 July 1, 2021 New section
10843+Sec. 58 July 1, 2021 New section
10844+Sec. 59 from passage New section
10845+Sec. 60 July 1, 2022 New section
10846+Bill No.
10847+
10848+
10849+
10850+LCO No. 10834 293 of 295
10851+
10852+Sec. 61 July 1, 2021 New section
10853+Sec. 62 July 1, 2022 New section
10854+Sec. 63 from passage New section
10855+Sec. 64 from passage New section
10856+Sec. 65 from passage New section
10857+Sec. 66 October 1, 2021 21a-408
10858+Sec. 67 July 1, 2021 21a-408a
10859+Sec. 68 July 1, 2021 21a-408b
10860+Sec. 69 July 1, 2021 21a-408c
10861+Sec. 70 October 1, 2021 21a-408d
10862+Sec. 71 July 1, 2021 21a-408f
10863+Sec. 72 July 1, 2021 21a-408h
10864+Sec. 73 October 1, 2021 21a-408j
10865+Sec. 74 July 1, 2021 21a-408k
10866+Sec. 75 October 1, 2021 21a-408m
10867+Sec. 76 October 1, 2021 21a-408l
10868+Sec. 77 July 1, 2021 21a-408p
10869+Sec. 78 October 1, 2021 21a-408r
10870+Sec. 79 July 1, 2021 21a-408t
10871+Sec. 80 July 1, 2021 21a-408s
10872+Sec. 81 July 1, 2021 21a-408u
10873+Sec. 82 October 1, 2021 New section
10874+Sec. 83 July 1, 2021 New section
10875+Sec. 84 October 1, 2021 7-148(c)(7)(H)
10876+Sec. 85 April 1, 2022 54-56n
10877+Sec. 86 October 1, 2021 19a-342
10878+Sec. 87 October 1, 2021 19a-342a
10879+Sec. 88 October 1, 2021 31-40q
10880+Sec. 89 July 1, 2022 New section
10881+Sec. 90 July 1, 2022 New section
10882+Sec. 91 July 1, 2022 New section
10883+Sec. 92 July 1, 2021 New section
10884+Sec. 93 July 1, 2022 New section
10885+Sec. 94 July 1, 2021 New section
10886+Sec. 95 July 1, 2021 New section
10887+Sec. 96 July 1, 2021 New section
10888+Sec. 97 July 1, 2022 New section
10889+Sec. 98 July 1, 2022 New section
10890+Sec. 99 July 1, 2022 New section
10891+Bill No.
10892+
10893+
10894+
10895+LCO No. 10834 294 of 295
10896+
10897+Sec. 100 July 1, 2022 New section
10898+Sec. 101 July 1, 2021 New section
10899+Sec. 102 July 1, 2021 New section
10900+Sec. 103 July 1, 2021 New section
10901+Sec. 104 July 1, 2021 New section
10902+Sec. 105 July 1, 2021 New section
10903+Sec. 106 July 1, 2021 New section
10904+Sec. 107 July 1, 2021 New section
10905+Sec. 108 July 1, 2021 New section
10906+Sec. 109 July 1, 2021 New section
10907+Sec. 110 July 1, 2021 New section
10908+Sec. 111 July 1, 2021 30-89a
10909+Sec. 112 July 1, 2021 New section
10910+Sec. 113 July 1, 2021 New section
10911+Sec. 114 July 1, 2021 New section
10912+Sec. 115 April 1, 2022 14-111e(a)
10913+Sec. 116 April 1, 2022 14-227a(a) to (e)
10914+Sec. 117 April 1, 2022 14-227a(j)
10915+Sec. 118 April 1, 2022 14-227b
10916+Sec. 119 April 1, 2022 14-227c
10917+Sec. 120 April 1, 2022 14-44k(c)
10918+Sec. 121 July 1, 2021 New section
10919+Sec. 122 April 1, 2022 15-140q
10920+Sec. 123 April 1, 2022 15-140r
10921+Sec. 124 July 1, 2021 New section
10922+Sec. 125 July 1, 2021 New section
10923+Sec. 126 July 1, 2021 New section
10924+Sec. 127 July 1, 2021 New section
10925+Sec. 128 July 1, 2021 New section
10926+Sec. 129 July 1, 2021 12-412(120)
10927+Sec. 130 July 1, 2021 12-650
10928+Sec. 131 July 1, 2021 12-30a(a)(1)
10929+Sec. 132 July 1, 2021 12-35b(a)
10930+Sec. 133 July 1, 2021 12-704d
10931+Sec. 134 July 1, 2021 New section
10932+Sec. 135 July 1, 2021 New section
10933+Sec. 136 July 1, 2021 21a-408e
10934+Sec. 137 July 1, 2021 21a-408i(b)
10935+Sec. 138 July 1, 2021 21a-408o
10936+Bill No.
10937+
10938+
10939+
10940+LCO No. 10834 295 of 295
10941+
10942+Sec. 139 July 1, 2021 21a-408v(d)
10943+Sec. 140 July 1, 2021 21a-10(a)
10944+Sec. 141 July 1, 2021 21a-240(29)
10945+Sec. 142 July 1, 2021 21a-240
10946+Sec. 143 July 1, 2021 1-1(q)
10947+Sec. 144 from passage New section
10948+Sec. 145 July 1, 2021 New section
10949+Sec. 146 January 1, 2022 New section
10950+Sec. 147 July 1, 2021 New section
10951+Sec. 148 July 1, 2021 New section
10952+Sec. 149 July 1, 2021 New section
10953+Sec. 150 July 1, 2021 New section
10954+Sec. 151 from passage New section
10955+Sec. 152 July 1, 2021 32-39
10956+Sec. 153 January 1, 2022 New section
10957+Sec. 154 July 1, 2021 51-164n(h)
10958+Sec. 155 July 1, 2021 19a-343(c)(4)
10959+Sec. 156 July 1, 2021 53-394(a)
10960+Sec. 157 July 1, 2021 54-33g(a) to (c)
10961+Sec. 158 July 1, 2021 54-41b
10962+Sec. 159 July 1, 2021 18-100h(b)
10963+Sec. 160 July 1, 2021 53a-39c(a)
10964+Sec. 161 July 1, 2021 54-56e(c)
10965+Sec. 162 July 1, 2023 New section
10966+Sec. 163 October 1, 2021 New section
10967+Sec. 164 from passage 54-1m(i)
10968+Sec. 165 from passage New section
10969+Sec. 166 April 1, 2022 New section
10970+Sec. 167 April 1, 2022 New section
10971+Sec. 168 from passage 54-56g
10972+Sec. 169 from passage 54-56i
10973+Sec. 170 April 1, 2022 14-227j(b)
10974+Sec. 171 April 1, 2022 54-66a
10975+Sec. 172 April 1, 2022 54-56k
10976+Sec. 173 July 1, 2021 Repealer section
992610977