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General Assembly Substitute Bill No. 5155
February Session, 2022
AN ACT CONCERNING THE SAFE STORAGE AND DISPOSAL OF
OPIOID DRUGS, CANNABIS AND CANNABIS PRODUCTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section: 1
(1) "Cannabis" has the same meaning as provided in section 21a-420 2
of the general statutes; 3
(2) "Cannabis product" has the same meaning as provided in section 4
21a-420 of the general statutes; and 5
(3) "Opioid drug" has the same meaning as provided in section 20-6
14o of the general statutes. 7
(b) Not later than December 1, 2022, the Department of Consumer 8
Protection, in consultation with the Department of Mental Health and 9
Addiction Services, shall develop documents concerning the safe 10
storage and disposal by consumers of (1) opioid drugs, and (2) cannabis 11
and cannabis products. Such documents shall contain, but need not be 12
limited to, information concerning (A) best practices for (i) storing 13
opioid drugs and cannabis and cannabis products in a manner that 14
renders such items inaccessible to children, and (ii) disposal of unused 15 Substitute Bill No. 5155
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and expired opioid drugs and cannabis and cannabis products, and (B) 16
the risk of illness and death associated with the ingestion of opioid 17
drugs and cannabis and cannabis products by children. Not later than 18
December 15, 2022, the Department of Consumer Protection shall 19
publish such documents on its Internet web site. 20
(c) Not later than December 1, 2022, the Department of Consumer 21
Protection, in consultation with the Department of Mental Health and 22
Addiction Services, shall develop short statements for publication on (1) 23
consumer packaging for opioid drugs (A) alerting consumers to the 24
necessity of safely storing and disposing of opioid drugs, (B) alerting 25
consumers to the risk of illness and death associated with the ingestion 26
of opioid drugs by children, and (C) providing the Internet web site 27
address where the document developed pursuant to subdivision (1) of 28
subsection (b) of this section is located, and (2) consumer receipts for 29
cannabis and cannabis products (A) alerting consumers to the necessity 30
of safely storing and disposing of cannabis and cannabis products, (B) 31
alerting consumers to the risk of illness and death associated with the 32
ingestion of cannabis and cannabis products by children, and (C) 33
providing the Internet web site address where the document developed 34
pursuant to subdivision (2) of subsection (b) of this section is located. 35
Sec. 2. (NEW) (Effective July 1, 2022) Not later than January 1, 2023, 36
each pharmacy, as defined in section 20-635 of the general statutes, shall 37
post a sign in a conspicuous place on the premises of such pharmacy, 38
notifying consumers that they may visit the Internet web site of the 39
Department of Consumer Protection for information concerning the safe 40
storage and disposal of opioid drugs. Such sign shall be not less than 41
eight inches by ten inches in size. 42
Sec. 3. (NEW) (Effective July 1, 2022) Not later than January 1, 2023, 43
each retailer, as defined in section 21a-420 of the general statutes, and 44
hybrid retailer, as defined in section 21a-420 of the general statutes, shall 45
post a sign in a conspicuous place on the premises of such retailer or 46
hybrid retailer, notifying consumers that they may visit the Internet web 47
site of the Department of Consumer Protection for information 48 Substitute Bill No. 5155
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concerning the safe storage and disposal of cannabis and cannabis 49
products. Such sign shall be not less than eight inches by ten inches in 50
size. 51
Sec. 4. Section 20-617 of the general statutes is amended by adding 52
subsection (d) as follows (Effective July 1, 2022): 53
(NEW) (d) On and after January 1, 2023, each pharmacist shall 54
include in a conspicuous location on any packaging in which is 55
contained any prescription for an opioid drug, as defined in section 20-56
14o, in all capital letters of not less than twelve-point boldface type, the 57
short statement developed pursuant to subdivision (1) of subsection (c) 58
of section 1 of this act. 59
Sec. 5. Section 21a-421j of the 2022 supplement to the general statutes 60
is repealed and the following is substituted in lieu thereof (Effective July 61
1, 2022): 62
The commissioner shall adopt regulations in accordance with chapter 63
54 to implement the provisions of RERACA. Notwithstanding the 64
requirements of sections 4-168 to 4-172, inclusive, in order to effectuate 65
the purposes of RERACA and protect public health and safety, prior to 66
adopting such regulations the commissioner shall issue policies and 67
procedures to implement the provisions of RERACA that shall have the 68
force and effect of law. The commissioner shall post all policies and 69
procedures on the department's Internet web site and submit such 70
policies and procedures to the Secretary of the State for posting on the 71
eRegulations System, at least fifteen days prior to the effective date of 72
any policy or procedure. Any such policy or procedure shall no longer 73
be effective upon the earlier of either the adoption of the policy or 74
procedure as a final regulation under section 4-172 or forty-eight 75
months from June 22, 2021, if such regulations have not been submitted 76
to the legislative regulation review committee for consideration under 77
section 4-170. The commissioner shall issue policies and procedures and 78
thereafter final regulations that include, but are not limited to, the 79
following: 80 Substitute Bill No. 5155
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(1) Setting appropriate dosage, potency, concentration and serving 81
size limits and delineation requirements for cannabis, provided a 82
standardized serving of edible cannabis product or beverage, other than 83
a medical marijuana product, shall contain not more than five 84
milligrams of THC; 85
(2) Requiring that each single standardized serving of cannabis 86
product in a multiple-serving edible product or beverage is physically 87
demarked in a way that enables a reasonable person to determine how 88
much of the product constitutes a single serving and a maximum 89
amount of THC per multiple-serving edible cannabis product or 90
beverage; 91
(3) Requiring that, if it is impracticable to clearly demark every 92
standardized serving of cannabis product or to make each standardized 93
serving easily separable in an edible cannabis product or beverage, the 94
product, other than cannabis concentrate or medical marijuana product, 95
shall contain not more than five milligrams of THC per unit of sale; 96
(4) Establishing, in consultation with the Department of Mental 97
Health and Addiction Services, consumer health materials that shall be 98
posted or distributed, as specified by the commissioner, by cannabis 99
establishments to maximize dissemination to cannabis consumers. 100
Consumer health materials may include pamphlets, packaging inserts, 101
signage, online and printed advertisements and advisories and printed 102
health materials; 103
(5) Imposing labeling and packaging requirements for cannabis sold 104
by a cannabis establishment that include, but are not limited to, the 105
following: 106
(A) A universal symbol to indicate that cannabis or a cannabis 107
product contains cannabis, and prescribe how such product and 108
product packaging shall utilize and exhibit such symbol; 109
(B) A disclosure concerning the length of time it typically takes for 110
the cannabis to affect an individual, including that certain forms of 111 Substitute Bill No. 5155
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cannabis take longer to have an effect; 112
(C) A notation of the amount of cannabis the cannabis product is 113
considered the equivalent to; 114
(D) A list of ingredients and all additives for cannabis; 115
(E) Child-resistant packaging including requiring that an edible 116
product be individually wrapped; 117
(F) Product tracking information sufficient to determine where and 118
when the cannabis was grown and manufactured such that a product 119
recall could be effectuated; 120
(G) A net weight statement; 121
(H) A recommended use by or expiration date; and 122
(I) Standard and uniform packaging and labeling, including, but not 123
limited to, requirements (i) regarding branding or logos, (ii) that all 124
packaging be opaque, and (iii) that amounts and concentrations of THC 125
and cannabidiol, per serving and per package, be clearly marked on the 126
packaging or label of any cannabis product sold; 127
(6) Establishing laboratory testing standards; 128
(7) Restricting forms of cannabis products and cannabis product 129
delivery systems to ensure consumer safety and deter public health 130
concerns; 131
(8) Prohibiting certain manufacturing methods, or inclusion of 132
additives to cannabis products, including, but not limited to, (A) added 133
flavoring, terpenes or other additives unless approved by the 134
department, or (B) any form of nicotine or other additive containing 135
nicotine; 136
(9) Prohibiting cannabis product types that appeal to children; 137 Substitute Bill No. 5155
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(10) Establishing physical and cyber security requirements related to 138
build out, monitoring and protocols for cannabis establishments as a 139
requirement for licensure; 140
(11) Placing temporary limits on the sale of cannabis in the adult-use 141
market, if deemed appropriate and necessary by the commissioner, in 142
response to a shortage of cannabis for qualifying patients; 143
(12) Requiring retailers and hybrid retailers to make best efforts to 144
provide access to (A) low-dose THC products, including products that 145
have one milligram and two and a half milligrams of THC per dose, and 146
(B) high-dose CBD products; 147
(13) Requiring producers, cultivators, micro-cultivators, product 148
manufacturers and food and beverage manufacturers to register brand 149
names for cannabis, in accordance with the policies and procedures and 150
subject to the fee set forth in, regulations adopted under chapter 420f; 151
(14) Prohibiting a cannabis establishment from selling, other than the 152
sale of medical marijuana products between cannabis establishments 153
and the sale of cannabis to qualified patients and caregivers, (A) 154
cannabis flower or other cannabis plant material with a total THC 155
concentration greater than thirty per cent on a dry-weight basis, and (B) 156
any cannabis product other than cannabis flower and cannabis plant 157
material with a total THC concentration greater than sixty per cent on a 158
dry-weight basis, except that the provisions of subparagraph (B) of this 159
subdivision shall not apply to the sale of prefilled cartridges for use in 160
an electronic cannabis delivery system, as defined in section 19a-342a 161
and the department may adjust the percentages set forth in 162
subparagraph (A) or (B) of this subdivision in regulations adopted 163
pursuant to this section for purposes of public health or to address 164
market access or shortage. As used in this subdivision, "total THC" has 165
the same meaning as provided in section 21a-240 and "cannabis plant 166
material" means material from the cannabis plant, as defined in section 167
21a-279a; [and] 168 Substitute Bill No. 5155
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(15) Permitting the outdoor cultivation of cannabis; and 169
(16) On and after January 1, 2023, requiring retailers and hybrid 170
retailers to include in a conspicuous location on each consumer receipt 171
for any cannabis or cannabis product, in all capital letters of not less than 172
twelve-point boldface type, the short statement developed pursuant to 173
subdivision (2) of subsection (c) of section 1 of this act. 174
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 New section
Sec. 2 July 1, 2022 New section
Sec. 3 July 1, 2022 New section
Sec. 4 July 1, 2022 20-617
Sec. 5 July 1, 2022 21a-421j
Statement of Legislative Commissioners:
In Section 1(b), "department" was changed to "Department of Consumer
Protection", and in Section 1(c)(2), "receipts" was changed to "receipts
for cannabis and cannabis products", for clarity.
KID Joint Favorable Subst.