Connecticut 2022 Regular Session

Connecticut House Bill HB05155 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 5155
8		-	February Session, 2022
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	5	+	LCO No. 1211 1 of 6
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14		-	AN ACT CONCERNING THE SAFE STORAGE AND DISPOSAL OF
15		-	OPIOID DRUGS, CANNABIS AND CANNABIS PRODUCTS.
	7	+	General Assembly Raised Bill No. 5155
	8	+	February Session, 2022
	9	+	LCO No. 1211
	10	+
	11	+
	12	+	Referred to Committee on COMMITTEE ON CHILDREN
	13	+
	14	+
	15	+	Introduced by:
	16	+	(KID)
	17	+
	18	+
	19	+
	20	+
	21	+	AN ACT CONCERNING THE SAFE STORAGE OF CANNABIS,
	22	+	CANNABIS PRODUCTS AND PRESCRIPTION DRUGS.
16	23		Be it enacted by the Senate and House of Representatives in General
17	24		Assembly convened:
18	25
19		-
20		-	Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section: 1
21		-	(1) "Cannabis" has the same meaning as provided in section 21a-420 2
22		-	of the general statutes; 3
23		-	(2) "Cannabis product" has the same meaning as provided in section 4
24		-	21a-420 of the general statutes; and 5
25		-	(3) "Opioid drug" has the same meaning as provided in section 20-6
26		-	14o of the general statutes. 7
27		-	(b) Not later than December 1, 2022, the Department of Consumer 8
28		-	Protection, in consultation with the Department of Mental Health and 9
29		-	Addiction Services, shall develop documents concerning the safe 10
30		-	storage and disposal by consumers of (1) opioid drugs, and (2) cannabis 11
31		-	and cannabis products. Such documents shall contain, but need not be 12
32		-	limited to, information concerning (A) best practices for (i) storing 13
33		-	opioid drugs and cannabis and cannabis products in a manner that 14
34		-	renders such items inaccessible to children, and (ii) disposal of unused 15 Substitute Bill No. 5155
	26	+	Section 1. Section 21a-421j of the 2022 supplement to the general 1
	27	+	statutes is repealed and the following is substituted in lieu thereof 2
	28	+	(Effective July 1, 2022): 3
	29	+	The commissioner shall adopt regulations in accordance with chapter 4
	30	+	54 to implement the provisions of RERACA. Notwithstanding the 5
	31	+	requirements of sections 4-168 to 4-172, inclusive, in order to effectuate 6
	32	+	the purposes of RERACA and protect public health and safety, prior to 7
	33	+	adopting such regulations the commissioner shall issue policies and 8
	34	+	procedures to implement the provisions of RERACA that shall have the 9
	35	+	force and effect of law. The commissioner shall post all policies and 10
	36	+	procedures on the department's Internet web site and submit such 11
	37	+	policies and procedures to the Secretary of the State for posting on the 12
	38	+	eRegulations System, at least fifteen days prior to the effective date of 13
	39	+	any policy or procedure. Any such policy or procedure shall no longer 14
	40	+	be effective upon the earlier of either the adoption of the policy or 15 Raised Bill No. 5155
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41		-	and expired opioid drugs and cannabis and cannabis products, and (B) 16
42		-	the risk of illness and death associated with the ingestion of opioid 17
43		-	drugs and cannabis and cannabis products by children. Not later than 18
44		-	December 15, 2022, the Department of Consumer Protection shall 19
45		-	publish such documents on its Internet web site. 20
46		-	(c) Not later than December 1, 2022, the Department of Consumer 21
47		-	Protection, in consultation with the Department of Mental Health and 22
48		-	Addiction Services, shall develop short statements for publication on (1) 23
49		-	consumer packaging for opioid drugs (A) alerting consumers to the 24
50		-	necessity of safely storing and disposing of opioid drugs, (B) alerting 25
51		-	consumers to the risk of illness and death associated with the ingestion 26
52		-	of opioid drugs by children, and (C) providing the Internet web site 27
53		-	address where the document developed pursuant to subdivision (1) of 28
54		-	subsection (b) of this section is located, and (2) consumer receipts for 29
55		-	cannabis and cannabis products (A) alerting consumers to the necessity 30
56		-	of safely storing and disposing of cannabis and cannabis products, (B) 31
57		-	alerting consumers to the risk of illness and death associated with the 32
58		-	ingestion of cannabis and cannabis products by children, and (C) 33
59		-	providing the Internet web site address where the document developed 34
60		-	pursuant to subdivision (2) of subsection (b) of this section is located. 35
61		-	Sec. 2. (NEW) (Effective July 1, 2022) Not later than January 1, 2023, 36
62		-	each pharmacy, as defined in section 20-635 of the general statutes, shall 37
63		-	post a sign in a conspicuous place on the premises of such pharmacy, 38
64		-	notifying consumers that they may visit the Internet web site of the 39
65		-	Department of Consumer Protection for information concerning the safe 40
66		-	storage and disposal of opioid drugs. Such sign shall be not less than 41
67		-	eight inches by ten inches in size. 42
68		-	Sec. 3. (NEW) (Effective July 1, 2022) Not later than January 1, 2023, 43
69		-	each retailer, as defined in section 21a-420 of the general statutes, and 44
70		-	hybrid retailer, as defined in section 21a-420 of the general statutes, shall 45
71		-	post a sign in a conspicuous place on the premises of such retailer or 46
72		-	hybrid retailer, notifying consumers that they may visit the Internet web 47
73		-	site of the Department of Consumer Protection for information 48 Substitute Bill No. 5155
	44	+	LCO No. 1211 2 of 6
	45	+
	46	+	procedure as a final regulation under section 4-172 or forty-eight 16
	47	+	months from June 22, 2021, if such regulations have not been submitted 17
	48	+	to the legislative regulation review committee for consideration under 18
	49	+	section 4-170. The commissioner shall issue policies and procedures and 19
	50	+	thereafter final regulations that include, but are not limited to, the 20
	51	+	following: 21
	52	+	(1) Setting appropriate dosage, potency, concentration and serving 22
	53	+	size limits and delineation requirements for cannabis, provided a 23
	54	+	standardized serving of edible cannabis product or beverage, other than 24
	55	+	a medical marijuana product, shall contain not more than five 25
	56	+	milligrams of THC; 26
	57	+	(2) Requiring that each single standardized serving of cannabis 27
	58	+	product in a multiple-serving edible product or beverage is physically 28
	59	+	demarked in a way that enables a reasonable person to determine how 29
	60	+	much of the product constitutes a single serving and a maximum 30
	61	+	amount of THC per multiple-serving edible cannabis product or 31
	62	+	beverage; 32
	63	+	(3) Requiring that, if it is impracticable to clearly demark every 33
	64	+	standardized serving of cannabis product or to make each standardized 34
	65	+	serving easily separable in an edible cannabis product or beverage, the 35
	66	+	product, other than cannabis concentrate or medical marijuana product, 36
	67	+	shall contain not more than five milligrams of THC per unit of sale; 37
	68	+	(4) Establishing, in consultation with the Department of Mental 38
	69	+	Health and Addiction Services, consumer health materials that shall be 39
	70	+	posted or distributed, as specified by the commissioner, by cannabis 40
	71	+	establishments to maximize dissemination to cannabis consumers. 41
	72	+	Consumer health materials may include pamphlets, packaging inserts, 42
	73	+	signage, online and printed advertisements and advisories and printed 43
	74	+	health materials; 44
	75	+	(5) Imposing labeling and packaging requirements for cannabis sold 45
	76	+	by a cannabis establishment that include, but are not limited to, the 46
	77	+	following: 47 Raised Bill No. 5155
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80		-	concerning the safe storage and disposal of cannabis and cannabis 49
81		-	products. Such sign shall be not less than eight inches by ten inches in 50
82		-	size. 51
83		-	Sec. 4. Section 20-617 of the general statutes is amended by adding 52
84		-	subsection (d) as follows (Effective July 1, 2022): 53
85		-	(NEW) (d) On and after January 1, 2023, each pharmacist shall 54
86		-	include in a conspicuous location on any packaging in which is 55
87		-	contained any prescription for an opioid drug, as defined in section 20-56
88		-	14o, in all capital letters of not less than twelve-point boldface type, the 57
89		-	short statement developed pursuant to subdivision (1) of subsection (c) 58
90		-	of section 1 of this act. 59
91		-	Sec. 5. Section 21a-421j of the 2022 supplement to the general statutes 60
92		-	is repealed and the following is substituted in lieu thereof (Effective July 61
93		-	1, 2022): 62
94		-	The commissioner shall adopt regulations in accordance with chapter 63
95		-	54 to implement the provisions of RERACA. Notwithstanding the 64
96		-	requirements of sections 4-168 to 4-172, inclusive, in order to effectuate 65
97		-	the purposes of RERACA and protect public health and safety, prior to 66
98		-	adopting such regulations the commissioner shall issue policies and 67
99		-	procedures to implement the provisions of RERACA that shall have the 68
100		-	force and effect of law. The commissioner shall post all policies and 69
101		-	procedures on the department's Internet web site and submit such 70
102		-	policies and procedures to the Secretary of the State for posting on the 71
103		-	eRegulations System, at least fifteen days prior to the effective date of 72
104		-	any policy or procedure. Any such policy or procedure shall no longer 73
105		-	be effective upon the earlier of either the adoption of the policy or 74
106		-	procedure as a final regulation under section 4-172 or forty-eight 75
107		-	months from June 22, 2021, if such regulations have not been submitted 76
108		-	to the legislative regulation review committee for consideration under 77
109		-	section 4-170. The commissioner shall issue policies and procedures and 78
110		-	thereafter final regulations that include, but are not limited to, the 79
111		-	following: 80 Substitute Bill No. 5155
	81	+	LCO No. 1211 3 of 6
	82	+
	83	+	(A) A universal symbol to indicate that cannabis or a cannabis 48
	84	+	product contains cannabis, and prescribe how such product and 49
	85	+	product packaging shall utilize and exhibit such symbol; 50
	86	+	(B) A disclosure concerning the length of time it typically takes for 51
	87	+	the cannabis to affect an individual, including that certain forms of 52
	88	+	cannabis take longer to have an effect; 53
	89	+	(C) A notation of the amount of cannabis the cannabis product is 54
	90	+	considered the equivalent to; 55
	91	+	(D) A list of ingredients and all additives for cannabis; 56
	92	+	(E) Child-resistant packaging including requiring that an edible 57
	93	+	product be individually wrapped; 58
	94	+	(F) Product tracking information sufficient to determine where and 59
	95	+	when the cannabis was grown and manufactured such that a product 60
	96	+	recall could be effectuated; 61
	97	+	(G) A net weight statement; 62
	98	+	(H) A recommended use by or expiration date; and 63
	99	+	(I) Standard and uniform packaging and labeling, including, but not 64
	100	+	limited to, requirements (i) regarding branding or logos, (ii) that all 65
	101	+	packaging be opaque, and (iii) that amounts and concentrations of THC 66
	102	+	and cannabidiol, per serving and per package, be clearly marked on the 67
	103	+	packaging or label of any cannabis product sold; 68
	104	+	(6) Establishing laboratory testing standards; 69
	105	+	(7) Restricting forms of cannabis products and cannabis product 70
	106	+	delivery systems to ensure consumer safety and deter public health 71
	107	+	concerns; 72
	108	+	(8) Prohibiting certain manufacturing methods, or inclusion of 73
	109	+	additives to cannabis products, including, but not limited to, (A) added 74
	110	+	flavoring, terpenes or other additives unless approved by the 75 Raised Bill No. 5155
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118		-	(1) Setting appropriate dosage, potency, concentration and serving 81
119		-	size limits and delineation requirements for cannabis, provided a 82
120		-	standardized serving of edible cannabis product or beverage, other than 83
121		-	a medical marijuana product, shall contain not more than five 84
122		-	milligrams of THC; 85
123		-	(2) Requiring that each single standardized serving of cannabis 86
124		-	product in a multiple-serving edible product or beverage is physically 87
125		-	demarked in a way that enables a reasonable person to determine how 88
126		-	much of the product constitutes a single serving and a maximum 89
127		-	amount of THC per multiple-serving edible cannabis product or 90
128		-	beverage; 91
129		-	(3) Requiring that, if it is impracticable to clearly demark every 92
130		-	standardized serving of cannabis product or to make each standardized 93
131		-	serving easily separable in an edible cannabis product or beverage, the 94
132		-	product, other than cannabis concentrate or medical marijuana product, 95
133		-	shall contain not more than five milligrams of THC per unit of sale; 96
134		-	(4) Establishing, in consultation with the Department of Mental 97
135		-	Health and Addiction Services, consumer health materials that shall be 98
136		-	posted or distributed, as specified by the commissioner, by cannabis 99
137		-	establishments to maximize dissemination to cannabis consumers. 100
138		-	Consumer health materials may include pamphlets, packaging inserts, 101
139		-	signage, online and printed advertisements and advisories and printed 102
140		-	health materials; 103
141		-	(5) Imposing labeling and packaging requirements for cannabis sold 104
142		-	by a cannabis establishment that include, but are not limited to, the 105
143		-	following: 106
144		-	(A) A universal symbol to indicate that cannabis or a cannabis 107
145		-	product contains cannabis, and prescribe how such product and 108
146		-	product packaging shall utilize and exhibit such symbol; 109
147		-	(B) A disclosure concerning the length of time it typically takes for 110
148		-	the cannabis to affect an individual, including that certain forms of 111 Substitute Bill No. 5155
	114	+	LCO No. 1211 4 of 6
	115	+
	116	+	department, or (B) any form of nicotine or other additive containing 76
	117	+	nicotine; 77
	118	+	(9) Prohibiting cannabis product types that appeal to children; 78
	119	+	(10) Establishing physical and cyber security requirements related to 79
	120	+	build out, monitoring and protocols for cannabis establishments as a 80
	121	+	requirement for licensure; 81
	122	+	(11) Placing temporary limits on the sale of cannabis in the adult-use 82
	123	+	market, if deemed appropriate and necessary by the commissioner, in 83
	124	+	response to a shortage of cannabis for qualifying patients; 84
	125	+	(12) Requiring retailers and hybrid retailers to make best efforts to 85
	126	+	provide access to (A) low-dose THC products, including products that 86
	127	+	have one milligram and two and a half milligrams of THC per dose, and 87
	128	+	(B) high-dose CBD products; 88
	129	+	(13) Requiring producers, cultivators, micro-cultivators, product 89
	130	+	manufacturers and food and beverage manufacturers to register brand 90
	131	+	names for cannabis, in accordance with the policies and procedures and 91
	132	+	subject to the fee set forth in, regulations adopted under chapter 420f; 92
	133	+	(14) Prohibiting a cannabis establishment from selling, other than the 93
	134	+	sale of medical marijuana products between cannabis establishments 94
	135	+	and the sale of cannabis to qualified patients and caregivers, (A) 95
	136	+	cannabis flower or other cannabis plant material with a total THC 96
	137	+	concentration greater than thirty per cent on a dry-weight basis, and (B) 97
	138	+	any cannabis product other than cannabis flower and cannabis plant 98
	139	+	material with a total THC concentration greater than sixty per cent on a 99
	140	+	dry-weight basis, except that the provisions of subparagraph (B) of this 100
	141	+	subdivision shall not apply to the sale of prefilled cartridges for use in 101
	142	+	an electronic cannabis delivery system, as defined in section 19a-342a 102
	143	+	and the department may adjust the percentages set forth in 103
	144	+	subparagraph (A) or (B) of this subdivision in regulations adopted 104
	145	+	pursuant to this section for purposes of public health or to address 105
	146	+	market access or shortage. As used in this subdivision, "total THC" has 106 Raised Bill No. 5155
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155		-	cannabis take longer to have an effect; 112
156		-	(C) A notation of the amount of cannabis the cannabis product is 113
157		-	considered the equivalent to; 114
158		-	(D) A list of ingredients and all additives for cannabis; 115
159		-	(E) Child-resistant packaging including requiring that an edible 116
160		-	product be individually wrapped; 117
161		-	(F) Product tracking information sufficient to determine where and 118
162		-	when the cannabis was grown and manufactured such that a product 119
163		-	recall could be effectuated; 120
164		-	(G) A net weight statement; 121
165		-	(H) A recommended use by or expiration date; and 122
166		-	(I) Standard and uniform packaging and labeling, including, but not 123
167		-	limited to, requirements (i) regarding branding or logos, (ii) that all 124
168		-	packaging be opaque, and (iii) that amounts and concentrations of THC 125
169		-	and cannabidiol, per serving and per package, be clearly marked on the 126
170		-	packaging or label of any cannabis product sold; 127
171		-	(6) Establishing laboratory testing standards; 128
172		-	(7) Restricting forms of cannabis products and cannabis product 129
173		-	delivery systems to ensure consumer safety and deter public health 130
174		-	concerns; 131
175		-	(8) Prohibiting certain manufacturing methods, or inclusion of 132
176		-	additives to cannabis products, including, but not limited to, (A) added 133
177		-	flavoring, terpenes or other additives unless approved by the 134
178		-	department, or (B) any form of nicotine or other additive containing 135
179		-	nicotine; 136
180		-	(9) Prohibiting cannabis product types that appeal to children; 137 Substitute Bill No. 5155
	150	+	LCO No. 1211 5 of 6
	151	+
	152	+	the same meaning as provided in section 21a-240 and "cannabis plant 107
	153	+	material" means material from the cannabis plant, as defined in section 108
	154	+	21a-279a; [and] 109
	155	+	(15) Permitting the outdoor cultivation of cannabis; and 110
	156	+	(16) On and after January 1, 2023, requiring retailers and hybrid 111
	157	+	retailers to provide consumers the document developed pursuant to 112
	158	+	section 2 of this act concerning the safe storage of cannabis and cannabis 113
	159	+	products at the time of purchase. 114
	160	+	Sec. 2. (NEW) (Effective July 1, 2022) Not later than December 1, 2022, 115
	161	+	the Department of Consumer Protection shall develop documents 116
	162	+	concerning the safe storage by consumers of (1) prescription drugs, as 117
	163	+	defined in section 19a-754b of the general statutes, and (2) cannabis, as 118
	164	+	defined in section 21a-420 of the general statutes, and cannabis 119
	165	+	products, as defined in section 21a-420 of the general statutes. Such 120
	166	+	documents shall contain, but need not be limited to, information 121
	167	+	concerning best practices for (A) storing prescription drugs and 122
	168	+	cannabis and cannabis products in a manner that renders such items 123
	169	+	inaccessible to children, and (B) disposal of unused and expired 124
	170	+	prescription drugs and cannabis and cannabis products. Not later than 125
	171	+	December 15, 2022, the department shall make such documents 126
	172	+	available on its Internet web site and electronically distribute the 127
	173	+	document concerning prescription drugs to pharmacies, as defined in 128
	174	+	section 20-635 of the general statutes, and the document concerning 129
	175	+	cannabis and cannabis products to retailers, as defined in section 21a-130
	176	+	420 of the general statutes, and hybrid retailers, as defined in section 131
	177	+	21a-420 of the general statutes. 132
	178	+	Sec. 3. Section 20-617 of the general statutes is amended by adding 133
	179	+	subsection (d) as follows (Effective July 1, 2022): 134
	180	+	(NEW) (d) On and after January 1, 2023, each pharmacist shall 135
	181	+	include with the receipt or packaging in which the prescription is 136
	182	+	contained a copy of the document developed by the Department of 137
	183	+	Consumer Protection pursuant to section 2 of this act, concerning the 138 Raised Bill No. 5155
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187		-	(10) Establishing physical and cyber security requirements related to 138
188		-	build out, monitoring and protocols for cannabis establishments as a 139
189		-	requirement for licensure; 140
190		-	(11) Placing temporary limits on the sale of cannabis in the adult-use 141
191		-	market, if deemed appropriate and necessary by the commissioner, in 142
192		-	response to a shortage of cannabis for qualifying patients; 143
193		-	(12) Requiring retailers and hybrid retailers to make best efforts to 144
194		-	provide access to (A) low-dose THC products, including products that 145
195		-	have one milligram and two and a half milligrams of THC per dose, and 146
196		-	(B) high-dose CBD products; 147
197		-	(13) Requiring producers, cultivators, micro-cultivators, product 148
198		-	manufacturers and food and beverage manufacturers to register brand 149
199		-	names for cannabis, in accordance with the policies and procedures and 150
200		-	subject to the fee set forth in, regulations adopted under chapter 420f; 151
201		-	(14) Prohibiting a cannabis establishment from selling, other than the 152
202		-	sale of medical marijuana products between cannabis establishments 153
203		-	and the sale of cannabis to qualified patients and caregivers, (A) 154
204		-	cannabis flower or other cannabis plant material with a total THC 155
205		-	concentration greater than thirty per cent on a dry-weight basis, and (B) 156
206		-	any cannabis product other than cannabis flower and cannabis plant 157
207		-	material with a total THC concentration greater than sixty per cent on a 158
208		-	dry-weight basis, except that the provisions of subparagraph (B) of this 159
209		-	subdivision shall not apply to the sale of prefilled cartridges for use in 160
210		-	an electronic cannabis delivery system, as defined in section 19a-342a 161
211		-	and the department may adjust the percentages set forth in 162
212		-	subparagraph (A) or (B) of this subdivision in regulations adopted 163
213		-	pursuant to this section for purposes of public health or to address 164
214		-	market access or shortage. As used in this subdivision, "total THC" has 165
215		-	the same meaning as provided in section 21a-240 and "cannabis plant 166
216		-	material" means material from the cannabis plant, as defined in section 167
217		-	21a-279a; [and] 168 Substitute Bill No. 5155
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223		-
224		-	(15) Permitting the outdoor cultivation of cannabis; and 169
225		-	(16) On and after January 1, 2023, requiring retailers and hybrid 170
226		-	retailers to include in a conspicuous location on each consumer receipt 171
227		-	for any cannabis or cannabis product, in all capital letters of not less than 172
228		-	twelve-point boldface type, the short statement developed pursuant to 173
229		-	subdivision (2) of subsection (c) of section 1 of this act. 174
	189	+	safe storage of prescription drugs. 139
230	190		This act shall take effect as follows and shall amend the following
231	191		sections:
232	192
233		-	Section 1 July 1, 2022 ~~New section~~
	193	+	Section 1 July 1, 2022 21a-421j
234	194		Sec. 2 July 1, 2022 New section
235		-	Sec. 3 July 1, 2022 New section
236		-	Sec. 4 July 1, 2022 20-617
237		-	Sec. 5 July 1, 2022 21a-421j
	195	+	Sec. 3 July 1, 2022 20-617
238	196
239		-	Statement of Legislative Commissioners:
240		-	In Section 1(b), "department" was changed to "Department of Consumer
241		-	Protection", and in Section 1(c)(2), "receipts" was changed to "receipts
242		-	for cannabis and cannabis products", for clarity.
243		-
244		-	KID Joint Favorable Subst.
	197	+	Statement of Purpose:
	198	+	To require (1) the Department of Consumer Protection to develop and
	199	+	distribute documents concerning the safe storage of cannabis, cannabis
	200	+	products and prescription drugs, and (2) cannabis retailers and hybrid
	201	+	retailers and pharmacists to distribute such documents to consumers.
	202	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	203	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	204	+	underlined.]
245	205