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General Assembly Raised Bill No. 5155
February Session, 2022
LCO No. 1211
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
AN ACT CONCERNING THE SAFE STORAGE OF CANNABIS,
CANNABIS PRODUCTS AND PRESCRIPTION DRUGS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-421j of the 2022 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective July 1, 2022): 3
The commissioner shall adopt regulations in accordance with chapter 4
54 to implement the provisions of RERACA. Notwithstanding the 5
requirements of sections 4-168 to 4-172, inclusive, in order to effectuate 6
the purposes of RERACA and protect public health and safety, prior to 7
adopting such regulations the commissioner shall issue policies and 8
procedures to implement the provisions of RERACA that shall have the 9
force and effect of law. The commissioner shall post all policies and 10
procedures on the department's Internet web site and submit such 11
policies and procedures to the Secretary of the State for posting on the 12
eRegulations System, at least fifteen days prior to the effective date of 13
any policy or procedure. Any such policy or procedure shall no longer 14
be effective upon the earlier of either the adoption of the policy or 15 Raised Bill No. 5155
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procedure as a final regulation under section 4-172 or forty-eight 16
months from June 22, 2021, if such regulations have not been submitted 17
to the legislative regulation review committee for consideration under 18
section 4-170. The commissioner shall issue policies and procedures and 19
thereafter final regulations that include, but are not limited to, the 20
following: 21
(1) Setting appropriate dosage, potency, concentration and serving 22
size limits and delineation requirements for cannabis, provided a 23
standardized serving of edible cannabis product or beverage, other than 24
a medical marijuana product, shall contain not more than five 25
milligrams of THC; 26
(2) Requiring that each single standardized serving of cannabis 27
product in a multiple-serving edible product or beverage is physically 28
demarked in a way that enables a reasonable person to determine how 29
much of the product constitutes a single serving and a maximum 30
amount of THC per multiple-serving edible cannabis product or 31
beverage; 32
(3) Requiring that, if it is impracticable to clearly demark every 33
standardized serving of cannabis product or to make each standardized 34
serving easily separable in an edible cannabis product or beverage, the 35
product, other than cannabis concentrate or medical marijuana product, 36
shall contain not more than five milligrams of THC per unit of sale; 37
(4) Establishing, in consultation with the Department of Mental 38
Health and Addiction Services, consumer health materials that shall be 39
posted or distributed, as specified by the commissioner, by cannabis 40
establishments to maximize dissemination to cannabis consumers. 41
Consumer health materials may include pamphlets, packaging inserts, 42
signage, online and printed advertisements and advisories and printed 43
health materials; 44
(5) Imposing labeling and packaging requirements for cannabis sold 45
by a cannabis establishment that include, but are not limited to, the 46
following: 47 Raised Bill No. 5155
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(A) A universal symbol to indicate that cannabis or a cannabis 48
product contains cannabis, and prescribe how such product and 49
product packaging shall utilize and exhibit such symbol; 50
(B) A disclosure concerning the length of time it typically takes for 51
the cannabis to affect an individual, including that certain forms of 52
cannabis take longer to have an effect; 53
(C) A notation of the amount of cannabis the cannabis product is 54
considered the equivalent to; 55
(D) A list of ingredients and all additives for cannabis; 56
(E) Child-resistant packaging including requiring that an edible 57
product be individually wrapped; 58
(F) Product tracking information sufficient to determine where and 59
when the cannabis was grown and manufactured such that a product 60
recall could be effectuated; 61
(G) A net weight statement; 62
(H) A recommended use by or expiration date; and 63
(I) Standard and uniform packaging and labeling, including, but not 64
limited to, requirements (i) regarding branding or logos, (ii) that all 65
packaging be opaque, and (iii) that amounts and concentrations of THC 66
and cannabidiol, per serving and per package, be clearly marked on the 67
packaging or label of any cannabis product sold; 68
(6) Establishing laboratory testing standards; 69
(7) Restricting forms of cannabis products and cannabis product 70
delivery systems to ensure consumer safety and deter public health 71
concerns; 72
(8) Prohibiting certain manufacturing methods, or inclusion of 73
additives to cannabis products, including, but not limited to, (A) added 74
flavoring, terpenes or other additives unless approved by the 75 Raised Bill No. 5155
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department, or (B) any form of nicotine or other additive containing 76
nicotine; 77
(9) Prohibiting cannabis product types that appeal to children; 78
(10) Establishing physical and cyber security requirements related to 79
build out, monitoring and protocols for cannabis establishments as a 80
requirement for licensure; 81
(11) Placing temporary limits on the sale of cannabis in the adult-use 82
market, if deemed appropriate and necessary by the commissioner, in 83
response to a shortage of cannabis for qualifying patients; 84
(12) Requiring retailers and hybrid retailers to make best efforts to 85
provide access to (A) low-dose THC products, including products that 86
have one milligram and two and a half milligrams of THC per dose, and 87
(B) high-dose CBD products; 88
(13) Requiring producers, cultivators, micro-cultivators, product 89
manufacturers and food and beverage manufacturers to register brand 90
names for cannabis, in accordance with the policies and procedures and 91
subject to the fee set forth in, regulations adopted under chapter 420f; 92
(14) Prohibiting a cannabis establishment from selling, other than the 93
sale of medical marijuana products between cannabis establishments 94
and the sale of cannabis to qualified patients and caregivers, (A) 95
cannabis flower or other cannabis plant material with a total THC 96
concentration greater than thirty per cent on a dry-weight basis, and (B) 97
any cannabis product other than cannabis flower and cannabis plant 98
material with a total THC concentration greater than sixty per cent on a 99
dry-weight basis, except that the provisions of subparagraph (B) of this 100
subdivision shall not apply to the sale of prefilled cartridges for use in 101
an electronic cannabis delivery system, as defined in section 19a-342a 102
and the department may adjust the percentages set forth in 103
subparagraph (A) or (B) of this subdivision in regulations adopted 104
pursuant to this section for purposes of public health or to address 105
market access or shortage. As used in this subdivision, "total THC" has 106 Raised Bill No. 5155
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the same meaning as provided in section 21a-240 and "cannabis plant 107
material" means material from the cannabis plant, as defined in section 108
21a-279a; [and] 109
(15) Permitting the outdoor cultivation of cannabis; and 110
(16) On and after January 1, 2023, requiring retailers and hybrid 111
retailers to provide consumers the document developed pursuant to 112
section 2 of this act concerning the safe storage of cannabis and cannabis 113
products at the time of purchase. 114
Sec. 2. (NEW) (Effective July 1, 2022) Not later than December 1, 2022, 115
the Department of Consumer Protection shall develop documents 116
concerning the safe storage by consumers of (1) prescription drugs, as 117
defined in section 19a-754b of the general statutes, and (2) cannabis, as 118
defined in section 21a-420 of the general statutes, and cannabis 119
products, as defined in section 21a-420 of the general statutes. Such 120
documents shall contain, but need not be limited to, information 121
concerning best practices for (A) storing prescription drugs and 122
cannabis and cannabis products in a manner that renders such items 123
inaccessible to children, and (B) disposal of unused and expired 124
prescription drugs and cannabis and cannabis products. Not later than 125
December 15, 2022, the department shall make such documents 126
available on its Internet web site and electronically distribute the 127
document concerning prescription drugs to pharmacies, as defined in 128
section 20-635 of the general statutes, and the document concerning 129
cannabis and cannabis products to retailers, as defined in section 21a-130
420 of the general statutes, and hybrid retailers, as defined in section 131
21a-420 of the general statutes. 132
Sec. 3. Section 20-617 of the general statutes is amended by adding 133
subsection (d) as follows (Effective July 1, 2022): 134
(NEW) (d) On and after January 1, 2023, each pharmacist shall 135
include with the receipt or packaging in which the prescription is 136
contained a copy of the document developed by the Department of 137
Consumer Protection pursuant to section 2 of this act, concerning the 138 Raised Bill No. 5155
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safe storage of prescription drugs. 139
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 21a-421j
Sec. 2 July 1, 2022 New section
Sec. 3 July 1, 2022 20-617
Statement of Purpose:
To require (1) the Department of Consumer Protection to develop and
distribute documents concerning the safe storage of cannabis, cannabis
products and prescription drugs, and (2) cannabis retailers and hybrid
retailers and pharmacists to distribute such documents to consumers.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]