Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05147 Comm Sub / Bill

Filed 03/29/2022

                     
 
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General Assembly  Substitute Bill No. 5147  
February Session, 2022 
 
 
 
 
 
AN ACT CONCERNING PHYSICIAN ASSISTANTS AND THE 
PALLIATIVE USE OF MARIJUANA.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 21a-408 of the 2022 supplement to the general 1 
statutes is repealed and the following is substituted in lieu thereof 2 
(Effective January 1, 2023): 3 
As used in this section, sections 21a-408a to 21a-408o, inclusive, as 4 
amended by this act, and sections 21a-408r to 21a-408v, inclusive, unless 5 
the context otherwise requires: 6 
(1) "Advanced practice registered nurse" means an advanced practice 7 
registered nurse licensed pursuant to chapter 378; 8 
(2) "Cannabis establishment" has the same meaning as provided in 9 
section 21a-420; 10 
(3) "Cultivation" includes planting, propagating, cultivating, growing 11 
and harvesting; 12 
(4) "Debilitating medical condition" means (A) cancer, glaucoma, 13 
positive status for human immunodeficiency virus or acquired immune 14 
deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 15 
the nervous tissue of the spinal cord with objective neurological 16  Substitute Bill No. 5147 
 
 
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indication of intractable spasticity, epilepsy or uncontrolled intractable 17 
seizure disorder, cachexia, wasting syndrome, Crohn's disease, 18 
posttraumatic stress disorder, irreversible spinal cord injury with 19 
objective neurological indication of intractable spasticity, cerebral palsy, 20 
cystic fibrosis or terminal illness requiring end-of-life care, except, if the 21 
qualifying patient is under eighteen years of age, "debilitating medical 22 
condition" means terminal illness requiring end-of-life care, irreversible 23 
spinal cord injury with objective neurological indication of intractable 24 
spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 25 
intractable seizure disorder, or (B) any medical condition, medical 26 
treatment or disease approved for qualifying patients by the 27 
Department of Consumer Protection and posted online pursuant to 28 
section 21a-408l; 29 
(5) "Dispensary facility" means a place of business where marijuana 30 
may be dispensed, sold or distributed in accordance with this chapter 31 
and any regulations adopted thereunder to qualifying patients and 32 
caregivers and for which the department has issued a dispensary facility 33 
license pursuant to this chapter; 34 
(6) "Employee" has the same meaning as provided in section 21a-420; 35 
(7) "Institutional animal care and use committee" means a committee 36 
that oversees an organization's animal program, facilities and 37 
procedures to ensure compliance with federal policies, guidelines and 38 
principles related to the care and use of animals in research; 39 
(8) "Institutional review board" means a specifically constituted 40 
review body established or designated by an organization to protect the 41 
rights and welfare of persons recruited to participate in biomedical, 42 
behavioral or social science research; 43 
(9) "Laboratory" means a laboratory located in the state that is 44 
licensed by the department to provide analysis of marijuana and that 45 
meets the licensure requirements set forth in section 21a-246, as 46 
amended by this act; 47  Substitute Bill No. 5147 
 
 
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(10) "Laboratory employee" means a person who is registered as a 48 
laboratory employee pursuant to section 21a-408r; 49 
(11) "Licensed dispensary" or "dispensary" means an individual who 50 
is a licensed pharmacist employed by a dispensary facility or hybrid 51 
retailer;  52 
(12) "Producer" means a person who is licensed as a producer 53 
pursuant to section 21a-408i; 54 
(13) "Marijuana" means marijuana, as defined in section 21a-240; 55 
(14) "Nurse" means a person who is licensed as a nurse under chapter 56 
378; 57 
(15) "Palliative use" means the acquisition, distribution, transfer, 58 
possession, use or transportation of marijuana or paraphernalia relating 59 
to marijuana, including the transfer of marijuana and paraphernalia 60 
relating to marijuana from the patient's caregiver to the qualifying 61 
patient, to alleviate a qualifying patient's symptoms of a debilitating 62 
medical condition or the effects of such symptoms, but does not include 63 
any such use of marijuana by any person other than the qualifying 64 
patient; 65 
(16) "Paraphernalia" means drug paraphernalia, as defined in section 66 
21a-240; 67 
(17) "Physician" means a person who is licensed as a physician under 68 
chapter 370; [, but does not include a physician assistant, as defined in 69 
section 20-12a;] 70 
(18) "Physician assistant" means a person who is licensed as a 71 
physician assistant under chapter 370; 72 
[(18)] (19) "Caregiver" means a person, other than the qualifying 73 
patient and the qualifying patient's physician, physician assistant or 74 
advanced practice registered nurse, who is eighteen years of age or older 75  Substitute Bill No. 5147 
 
 
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and has agreed to undertake responsibility for managing the well-being 76 
of the qualifying patient with respect to the palliative use of marijuana, 77 
provided (A) in the case of a qualifying patient (i) under eighteen years 78 
of age and not an emancipated minor, or (ii) otherwise lacking legal 79 
capacity, such person shall be a parent, guardian or person having legal 80 
custody of such qualifying patient, and (B) in the case of a qualifying 81 
patient eighteen years of age or older or an emancipated minor, the need 82 
for such person shall be evaluated by the qualifying patient's physician, 83 
physician assistant or advanced practice registered nurse and such need 84 
shall be documented in the written certification; 85 
[(19)] (20) "Qualifying patient" means a person who: (A) Is a resident 86 
of Connecticut, (B) has been diagnosed by a physician, physician 87 
assistant or [an] advanced practice registered nurse as having a 88 
debilitating medical condition, and (C) (i) is eighteen years of age or 89 
older, (ii) is an emancipated minor, or (iii) has written consent from a 90 
custodial parent, guardian or other person having legal custody of such 91 
person that indicates that such person has permission from such parent, 92 
guardian or other person for the palliative use of marijuana for a 93 
debilitating medical condition and that such parent, guardian or other 94 
person will (I) serve as a caregiver for the qualifying patient, and (II) 95 
control the acquisition and possession of marijuana and any related 96 
paraphernalia for palliative use on behalf of such person. "Qualifying 97 
patient" does not include an inmate confined in a correctional institution 98 
or facility under the supervision of the Department of Correction; 99 
[(20)] (21) "Research program" means a study approved by the 100 
Department of Consumer Protection in accordance with this chapter 101 
and undertaken to increase information or knowledge regarding the 102 
growth or processing of marijuana, or the medical attributes, dosage 103 
forms, administration or use of marijuana to treat or alleviate symptoms 104 
of any medical conditions or the effects of such symptoms; 105 
[(21)] (22) "Research program employee" means a person who (A) is 106 
registered as a research program employee under section 21a-408t, or 107 
(B) holds a temporary certificate of registration issued pursuant to 108  Substitute Bill No. 5147 
 
 
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section 21a-408t; 109 
[(22)] (23) "Research program subject" means a person registered as a 110 
research program subject pursuant to section 21a-408v; 111 
[(23)] (24) "Usable marijuana" means the dried leaves and flowers of 112 
the marijuana plant, and any mixtures or preparations of such leaves 113 
and flowers, that are appropriate for the palliative use of marijuana, but 114 
does not include the seeds, stalks and roots of the marijuana plant; and 115 
[(24)] (25) "Written certification" means a written certification issued 116 
by a physician, physician assistant or [an] advanced practice registered 117 
nurse pursuant to section 21a-408c, as amended by this act. 118 
Sec. 2. Section 21a-408a of the 2022 supplement to the general statutes 119 
is repealed and the following is substituted in lieu thereof (Effective 120 
January 1, 2023): 121 
(a) A qualifying patient shall register with the Department of 122 
Consumer Protection pursuant to section 21a-408d, as amended by this 123 
act, prior to engaging in the palliative use of marijuana. A qualifying 124 
patient who has a valid registration certificate from the Department of 125 
Consumer Protection pursuant to subsection (a) of section 21a-408d, as 126 
amended by this act, and complies with the requirements of sections 127 
21a-408 to 21a-408m, as amended by this act, inclusive, shall not be 128 
subject to arrest or prosecution, penalized in any manner, including, but 129 
not limited to, being subject to any civil penalty, or denied any right or 130 
privilege, including, but not limited to, being subject to any disciplinary 131 
action by a professional licensing board, for the palliative use of 132 
marijuana if: 133 
(1) The qualifying patient's physician, physician assistant or 134 
advanced practice registered nurse has issued a written certification to 135 
the qualifying patient for the palliative use of marijuana after the 136 
physician, physician assistant or advanced practice registered nurse has 137 
prescribed, or determined it is not in the best interest of the patient to 138 
prescribe, prescription drugs to address the symptoms or effects for 139  Substitute Bill No. 5147 
 
 
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which the certification is being issued; 140 
(2) The combined amount of marijuana possessed by the qualifying 141 
patient and the caregiver for palliative use does not exceed five ounces; 142 
(3) The qualifying patient has not more than one caregiver at any 143 
time; and 144 
(4) Any cannabis plants grown by the qualifying patient in his or 145 
home is in compliance with subsection (b) of section 21a-408d, as 146 
amended by this act, and any applicable regulations. 147 
(b) The provisions of subsection (a) of this section do not apply to: 148 
(1) Any palliative use of marijuana that endangers the health or well-149 
being of a person other than the qualifying patient or the caregiver; or 150 
(2) The ingestion of marijuana (A) in a motor bus or a school bus or 151 
in any other moving vehicle, (B) in the workplace, (C) on any school 152 
grounds or any public or private school, dormitory, college or university 153 
property, unless such college or university is participating in a research 154 
program and such use is pursuant to the terms of the research program, 155 
(D) in any public place, or (E) in the presence of a person under the age 156 
of eighteen, unless such person is a qualifying patient or research 157 
program subject. For the purposes of this subdivision, (i) "presence" 158 
means within the direct line of sight of the palliative use of marijuana or 159 
exposure to second-hand marijuana smoke, or both; (ii) "public place" 160 
means any area that is used or held out for use by the public whether 161 
owned or operated by public or private interests; (iii) "vehicle" means a 162 
vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus, 163 
as defined in section 14-1; and (v) "school bus" means a school bus, as 164 
defined in section 14-1. 165 
Sec. 3. Section 21a-408c of the 2022 supplement to the general statutes 166 
is repealed and the following is substituted in lieu thereof (Effective 167 
January 1, 2023): 168  Substitute Bill No. 5147 
 
 
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(a) A physician, physician assistant or [an] advanced practice 169 
registered nurse may issue a written certification to a qualifying patient 170 
that authorizes the palliative use of marijuana by the qualifying patient. 171 
Such written certification shall be in the form prescribed by the 172 
Department of Consumer Protection and shall include a statement 173 
signed and dated by the qualifying patient's physician, physician 174 
assistant or advanced practice registered nurse stating that, in such 175 
physician's, physician assistant's or advanced practice registered nurse's 176 
professional opinion, the qualifying patient has a debilitating medical 177 
condition and the potential benefits of the palliative use of marijuana 178 
would likely outweigh the health risks of such use to the qualifying 179 
patient. 180 
(b) Any written certification for the palliative use of marijuana issued 181 
by a physician, physician assistant or [an] advanced practice registered 182 
nurse under subsection (a) of this section shall be valid for a period not 183 
to exceed one year from the date such written certification is signed and 184 
dated by the physician, physician assistant or advanced practice 185 
registered nurse. Not later than ten calendar days after the expiration of 186 
such period, or at any time before the expiration of such period should 187 
the qualifying patient no longer wish to possess marijuana for palliative 188 
use, the qualifying patient or the caregiver shall destroy all usable 189 
marijuana possessed by the qualifying patient and the caregiver for 190 
palliative use. 191 
(c) A physician, physician assistant or [an] advanced practice 192 
registered nurse shall not be subject to arrest or prosecution, penalized 193 
in any manner, including, but not limited to, being subject to any civil 194 
penalty, or denied any right or privilege, including, but not limited to, 195 
being subject to any disciplinary action by the Connecticut Medical 196 
Examining Board, the Connecticut State Board of Examiners for Nursing 197 
or other professional licensing board, for providing a written 198 
certification for the palliative use of marijuana under subdivision (1) of 199 
subsection (a) of section 21a-408a, as amended by this act, if: 200 
(1) The physician, physician assistant or advanced practice registered 201  Substitute Bill No. 5147 
 
 
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nurse has diagnosed the qualifying patient as having a debilitating 202 
medical condition; 203 
(2) The physician, physician assistant or advanced practice registered 204 
nurse has explained the potential risks and benefits of the palliative use 205 
of marijuana to the qualifying patient and, if the qualifying patient lacks 206 
legal capacity, to a parent, guardian or person having legal custody of 207 
the qualifying patient; 208 
(3) The written certification issued by the physician, physician 209 
assistant or advanced practice registered nurse is based upon the 210 
physician's, physician assistant's or advanced practice registered nurse's 211 
professional opinion after having completed a medically reasonable 212 
assessment of the qualifying patient's medical history and current 213 
medical condition made in the course of a bona fide health care 214 
professional-patient relationship; and 215 
(4) The physician, physician assistant or advanced practice registered 216 
nurse has no financial interest in a cannabis establishment, except for 217 
retailers and delivery services, as such terms are defined in section 21a-218 
420. 219 
(d) A physician assistant or nurse shall not be subject to arrest or 220 
prosecution, penalized in any manner, including, but not limited to, 221 
being subject to any civil penalty, or denied any right or privilege, 222 
including, but not limited to, being subject to any disciplinary action by 223 
the Connecticut Medical Examining Board, Board of Examiners for 224 
Nursing [,] or other professional licensing board, for administering 225 
marijuana to a qualifying patient or research program subject in a 226 
hospital or health care facility licensed by the Department of Public 227 
Health. 228 
(e) Notwithstanding the provisions of this section, sections 21a-408 to 229 
21a-408b, inclusive, as amended by this act, and sections 21a-408d to 230 
21a-408o, inclusive, as amended by this act, a physician assistant or an 231 
advanced practice registered nurse shall not issue a written certification 232  Substitute Bill No. 5147 
 
 
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to a qualifying patient when the qualifying patient's debilitating medical 233 
condition is glaucoma. 234 
Sec. 4. Section 21a-408d of the 2022 supplement to the general statutes 235 
is repealed and the following is substituted in lieu thereof (Effective 236 
January 1, 2023): 237 
(a) Each qualifying patient who is issued a written certification for the 238 
palliative use of marijuana under subdivision (1) of subsection (a) of 239 
section 21a-408a, as amended by this act, and the caregiver of such 240 
qualifying patient, shall register with the Department of Consumer 241 
Protection. Such registration shall be effective from the date the 242 
Department of Consumer Protection issues a certificate of registration 243 
until the expiration of the written certification issued by the physician, 244 
physician assistant or advanced practice registered nurse. The 245 
qualifying patient and the caregiver shall provide sufficient identifying 246 
information, as determined by the department, to establish the personal 247 
identity of the qualifying patient and the caregiver. If the qualifying 248 
patient is under eighteen years of age and not an emancipated minor, 249 
the custodial parent, guardian or other person having legal custody of 250 
the qualifying patient shall also provide a letter from both the qualifying 251 
patient's care provider and a physician who is board certified in an area 252 
of medicine involved in the treatment of the debilitating condition for 253 
which the qualifying patient was certified that confirms that the 254 
palliative use of marijuana is in the best interest of the qualifying 255 
patient. A physician may issue a written certification for the palliative 256 
use of marijuana by a qualifying patient who is under eighteen years of 257 
age, provided such written certification shall not be for marijuana in a 258 
dosage form that requires that the marijuana be smoked, inhaled or 259 
vaporized. The qualifying patient or the caregiver shall report any 260 
change in the identifying information to the department not later than 261 
five business days after such change. The department shall issue a 262 
registration certificate to the qualifying patient and to the caregiver and 263 
may charge a reasonable fee, not to exceed twenty-five dollars, for each 264 
registration certificate issued under this subsection. Any registration 265  Substitute Bill No. 5147 
 
 
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fees collected by the department under this subsection shall be paid to 266 
the State Treasurer and credited to the General Fund. 267 
(b) Any qualifying patient who is eighteen years of age or older may 268 
cultivate up to three mature cannabis plants and three immature 269 
cannabis plants in the patient's primary residence at any given time, 270 
provided such plants are secure from access by any individual other 271 
than the patient or patient's caregiver and no more than twelve cannabis 272 
plants may be grown per household.  273 
(c) A dispensary shall not dispense any marijuana products in a 274 
smokable, inhalable or vaporizable form to a qualifying patient who is 275 
under eighteen years of age or such qualifying patient's caregiver. 276 
(d) Information obtained under this section shall be confidential and 277 
shall not be subject to disclosure under the Freedom of Information Act, 278 
as defined in section 1-200, except that reasonable access to registry 279 
information obtained under this section shall be provided to: (1) State 280 
agencies, federal agencies and local law enforcement agencies for the 281 
purpose of investigating or prosecuting a violation of law; (2) 282 
physicians, physician assistants, advanced practice registered nurses 283 
and pharmacists for the purpose of providing patient care and drug 284 
therapy management and monitoring controlled substances obtained by 285 
the qualifying patient; (3) public or private entities for research or 286 
educational purposes, provided no individually identifiable health 287 
information may be disclosed; (4) a licensed dispensary for the purpose 288 
of complying with sections 21a-408 to 21a-408m, inclusive, as amended 289 
by this act; (5) a qualifying patient, but only with respect to information 290 
related to such qualifying patient or such qualifying patient's caregiver; 291 
or (6) a caregiver, but only with respect to information related to such 292 
caregiver's qualifying patient. 293 
Sec. 5. Section 21a-408m of the 2022 supplement to the general 294 
statutes is repealed and the following is substituted in lieu thereof 295 
(Effective January 1, 2023): 296  Substitute Bill No. 5147 
 
 
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(a) The Commissioner of Consumer Protection may adopt 297 
regulations, in accordance with chapter 54, to establish (1) a standard 298 
form for written certifications for the palliative use of marijuana issued 299 
by physicians, physician assistants and advanced practice registered 300 
nurses under subdivision (1) of subsection (a) of section 21a-408a, as 301 
amended by this act, and (2) procedures for registrations under section 302 
21a-408d, as amended by this act. Such regulations, if any, shall be 303 
adopted after consultation with the Board of Physicians established in 304 
section 21a-408l. 305 
(b) The Commissioner of Consumer Protection shall adopt 306 
regulations, in accordance with chapter 54, to establish a reasonable fee 307 
to be collected from each qualifying patient to whom a written 308 
certification for the palliative use of marijuana is issued under 309 
subdivision (1) of subsection (a) of section 21a-408a, as amended by this 310 
act, for the purpose of offsetting the direct and indirect costs of 311 
administering the provisions of sections 21a-408 to 21a-408m, inclusive, 312 
as amended by this act. The commissioner shall collect such fee at the 313 
time the qualifying patient registers with the Department of Consumer 314 
Protection under subsection (a) of section 21a-408d, as amended by this 315 
act. Such fee shall be in addition to any registration fee that may be 316 
charged under said subsection. The fees required to be collected by the 317 
commissioner from qualifying patients under this subsection shall be 318 
paid to the State Treasurer and credited to the General Fund. 319 
(c) The Commissioner of Consumer Protection shall adopt or amend 320 
regulations, as applicable, in accordance with chapter 54, to implement 321 
the provisions of sections 21a-408 to 21a-408g, inclusive, as amended by 322 
this act, and section 21a-408l. Notwithstanding the requirements of 323 
sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of 324 
sections 21a-408 to 21a-408g, inclusive, as amended by this act, and 325 
section 21a-408l, and protect public health and safety, prior to adopting 326 
or amending such regulations the commissioner shall adopt policies and 327 
procedures to implement the provisions of sections 21a-408 to 21a-408g, 328 
inclusive, as amended by this act, and section 21a-408, as amended by 329  Substitute Bill No. 5147 
 
 
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this act, that shall have the force and effect of law. The commissioner 330 
shall post all policies and procedures on the department's Internet web 331 
site, and submit such policies and procedures to the Secretary of the 332 
State for posting on the eRegulations System, at least fifteen days prior 333 
to the effective date of any policy or procedure. Any such policy or 334 
procedure shall no longer be effective upon the earlier of either adoption 335 
of such policies or procedures as a final regulation pursuant to section 336 
4-172 or forty-eight months from October 1, 2021, if such policies or 337 
procedures have not been submitted to the legislative regulation review 338 
committee for consideration under section 4-170. Such policies and 339 
procedures and regulations shall include, but not be limited to, how the 340 
department shall: 341 
(1) Accept applications for the issuance and renewal of registration 342 
certificates for qualifying patients and caregivers; 343 
(2) Establish criteria for adding medical conditions, medical 344 
treatments or diseases to the list of debilitating medical conditions that 345 
qualify for the palliative use of marijuana; 346 
(3) Establish a petition process under which members of the public 347 
may submit petitions, regarding the addition of medical conditions, 348 
medical treatments or diseases to the list of debilitating medical 349 
conditions; 350 
(4) Establish requirements for the growing of cannabis plants by a 351 
qualifying patient in his or her primary residence as authorized under 352 
section 21a-408d, as amended by this act, including requirements for 353 
securing such plants to prevent access by any individual other than the 354 
patient or the patient's caregiver, the location of such plants and any 355 
other requirements necessary to protect public health or safety; 356 
(5) Develop a distribution system for marijuana for palliative use that 357 
provides for: 358 
(A) Marijuana production facilities within this state that are housed 359 
on secured grounds and operated by producers;  360  Substitute Bill No. 5147 
 
 
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(B) The transfer of marijuana between dispensary facilities; and 361 
(C) Distribution of marijuana for palliative use to qualifying patients 362 
or their caregivers by dispensary facilities, hybrid retailers and delivery 363 
services, as such terms are defined in section 21a-420; and 364 
(6) Ensure an adequate supply and variety of marijuana to dispensary 365 
facilities and hybrid retailers to ensure uninterrupted availability for 366 
qualifying patients, based on historical marijuana purchase patterns by 367 
qualifying patients. 368 
Sec. 6. Subsection (a) of section 21a-246 of the general statutes is 369 
repealed and the following is substituted in lieu thereof (Effective January 370 
1, 2023): 371 
(a) No person within this state shall manufacture, wholesale, 372 
repackage, supply, compound, mix, cultivate or grow, or by other 373 
process produce or prepare, controlled substances without first 374 
obtaining a license to do so from the Commissioner of Consumer 375 
Protection and no person within this state shall operate a laboratory for 376 
the purpose of research or analysis using controlled substances without 377 
first obtaining a license to do so from the Commissioner of Consumer 378 
Protection, except that such activities by pharmacists or pharmacies in 379 
the filling and dispensing of prescriptions or activities incident thereto, 380 
or the dispensing or administering of controlled substances by dentists, 381 
podiatrists, physicians, physician assistants, advanced practice 382 
registered nurses or veterinarians, or other persons acting under their 383 
supervision, in the treatment of patients shall not be subject to the 384 
provisions of this section, and provided laboratories for instruction in 385 
dentistry, medicine, nursing, pharmacy, pharmacology and 386 
pharmacognosy in institutions duly licensed for such purposes in this 387 
state shall not be subject to the provisions of this section except with 388 
respect to narcotic drugs and schedule I and II controlled substances. 389 
Upon application of any physician or physician assistant licensed 390 
pursuant to chapter 370, or an advanced practice registered nurse 391 
licensed pursuant to chapter 378, the Commissioner of Consumer 392  Substitute Bill No. 5147 
 
 
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Protection shall without unnecessary delay, (1) license such physician to 393 
possess and supply marijuana for the treatment of glaucoma or the side 394 
effects of chemotherapy, or (2) license such physician assistant or 395 
advanced practice registered nurse to possess and supply marijuana for 396 
the treatment of the side effects of chemotherapy. No person outside this 397 
state shall sell or supply controlled substances within this state without 398 
first obtaining a license to do so from the Commissioner of Consumer 399 
Protection, provided no such license shall be required of a manufacturer 400 
whose principal place of business is located outside this state and who 401 
is registered with the federal Drug Enforcement Administration or other 402 
federal agency, and who files a copy of such registration with the 403 
appropriate licensing authority under this chapter. 404 
Sec. 7. Section 21a-253 of the general statutes is repealed and the 405 
following is substituted in lieu thereof (Effective January 1, 2023): 406 
Any person may possess or have under his control a quantity of 407 
marijuana less than or equal to that quantity supplied to him pursuant 408 
to a prescription made in accordance with the provisions of section 21a-409 
249 by (1) a physician licensed under the provisions of chapter 370 and 410 
further authorized by subsection (a) of section 21a-246, as amended by 411 
this act, by the Commissioner of Consumer Protection to possess and 412 
supply marijuana for the treatment of glaucoma or the side effects of 413 
chemotherapy, or (2) a physician assistant licensed under the provisions 414 
of chapter 370, or an advanced practice registered nurse licensed under 415 
the provisions of chapter 378, and further authorized by subsection (a) 416 
of section 21a-246, as amended by this act, by said commissioner to 417 
possess and supply marijuana for the treatment of the side effects of 418 
chemotherapy. 419 
Sec. 8. Section 7 of public act 21-9 is repealed and the following is 420 
substituted in lieu thereof (Effective January 1, 2023): 421 
(a) As used in this section: 422 
(1) "Advanced practice registered nurse" means an advanced practice 423  Substitute Bill No. 5147 
 
 
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registered nurse licensed pursuant to chapter 378 of the general statutes; 424 
(2) "Physician" has the same meaning as provided in section 21a-408 425 
of the general statutes, as amended by this act; 426 
(3) "Physician assistant" has the same meaning as provided in section 427 
21a-408 of the general statutes, as amended by this act; 428 
[(3)] (4) "Qualifying patient" has the same meaning as provided in 429 
section 21a-408 of the general statutes, as amended by this act; and 430 
[(4)] (5) "Written certification" has the same meaning as provided in 431 
section 21a-408 of the general statutes, as amended by this act. 432 
(b) Notwithstanding the provisions of sections 21a-408 to 21a-408n, 433 
inclusive, of the general statutes, as amended by this act, or any other 434 
section, regulation, rule, policy or procedure concerning the certification 435 
of medical marijuana patients, a physician, physician assistant or 436 
advanced practice registered nurse may issue a written certification to a 437 
qualifying patient and provide any follow-up care using telehealth 438 
services during the period beginning on the effective date of this section 439 
and ending on June 30, 2023, provided all other requirements for issuing 440 
the written certification to the qualifying patient and all recordkeeping 441 
requirements are satisfied. 442 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 January 1, 2023 21a-408 
Sec. 2 January 1, 2023 21a-408a 
Sec. 3 January 1, 2023 21a-408c 
Sec. 4 January 1, 2023 21a-408d 
Sec. 5 January 1, 2023 21a-408m 
Sec. 6 January 1, 2023 21a-246(a) 
Sec. 7 January 1, 2023 21a-253 
Sec. 8 January 1, 2023 PA 21-9, Sec. 7  Substitute Bill No. 5147 
 
 
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Statement of Legislative Commissioners:   
In Section 6(a)(2), "advanced practice registered nurse or physician 
assistant" was changed to "physician assistant or advanced practice 
registered nurse" for consistency; and in section 7(2), "an advanced 
practice registered nurse licensed under the provisions of chapter 378 or 
a physician assistant licensed under the provisions of chapter 370" was 
changed to "a physician assistant licensed under the provisions of 
chapter 370, or an advanced practice registered nurse licensed under the 
provisions of chapter 378," for consistency. 
 
GL Joint Favorable Subst.