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General Assembly Substitute Bill No. 5329
February Session, 2022
AN ACT CONCERNING CANNABIS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-420 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statutes is repealed and the following is substituted in lieu thereof 2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
As used in RERACA, unless the context otherwise requires: 4
(1) "Responsible and Equitable Regulation of Adult-Use Cannabis 5
Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 6
12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 7
21a-279d, 21a-420a to 21a-420i, inclusive, 21a-420l to 21a-421r, inclusive, 8
21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421ggg, inclusive, 9
21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j 10
to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b, 11
54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 65, 12
inclusive, 124, 144 and 165 of public act 21-1 of the June special session 13
and the amendments in public act 21-1 of the June special session to 14
sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-15
111e, 14-227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 16
19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 to 21a-17
408f, inclusive, 21a-408h to 21a-408p, inclusive, 21a-408r to 21a-408v, 18 Substitute Bill No. 5329
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inclusive, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, as amended by this 19
act, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 20
54-56n, 54-63d, 54-66a, [and] 54-142e, section 2 of this act and section 5 21
of this act; 22
(2) "Backer" means any individual with a direct or indirect financial 23
interest in a cannabis establishment. "Backer" does not include an 24
individual with an investment interest in a cannabis establishment if (A) 25
the interest held by such individual and such individual's spouse, 26
parent or child, in the aggregate, does not exceed five per cent of the 27
total ownership or interest rights in such cannabis establishment, and 28
(B) such individual does not participate directly or indirectly in the 29
control, management or operation of the cannabis establishment; 30
(3) "Cannabis" means marijuana, as defined in section 21a-240; 31
(4) "Cannabis establishment" means a producer, dispensary facility, 32
cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 33
manufacturer, product manufacturer, product packager, delivery 34
service or transporter; 35
(5) "Cannabis flower" means the flower, including abnormal and 36
immature flowers, of a plant of the genus cannabis that has been 37
harvested, dried and cured, and prior to any processing whereby the 38
flower material is transformed into a cannabis product. "Cannabis 39
flower" does not include (A) the leaves or stem of such plant, or (B) 40
hemp, as defined in section 22-61l; 41
(6) "Cannabis trim" means all parts, including abnormal or immature 42
parts, of a plant of the genus cannabis, other than cannabis flower, that 43
have been harvested, dried and cured, and prior to any processing 44
whereby the plant material is transformed into a cannabis product. 45
"Cannabis trim" does not include hemp, as defined in section 22-61l; 46
(7) "Cannabis product" means cannabis that is in the form of a 47
cannabis concentrate or a product that contains cannabis, which may be 48
combined with other ingredients, and is intended for use or 49 Substitute Bill No. 5329
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consumption. "Cannabis product" does not include the raw cannabis 50
plant; 51
(8) "Cannabis concentrate" means any form of concentration, 52
including, but not limited to, extracts, oils, tinctures, shatter and waxes, 53
that is extracted from cannabis; 54
(9) "Cannabis-type substances" have the same meaning as 55
"marijuana", as defined in section 21a-240; 56
(10) "Commissioner" means the Commissioner of Consumer 57
Protection and includes any designee of the commissioner; 58
(11) "Consumer" means an individual who is twenty-one years of age 59
or older; 60
(12) "Cultivation" has the same meaning as provided in section 21a-61
408; 62
(13) "Cultivator" means a person that is licensed to engage in the 63
cultivation, growing and propagation of the cannabis plant at an 64
establishment with not less than fifteen thousand square feet of grow 65
space; 66
(14) "Delivery service" means a person that is licensed to deliver 67
cannabis from (A) micro-cultivators, retailers and hybrid retailers to 68
consumers and research program subjects, and (B) hybrid retailers and 69
dispensary facilities to qualifying patients, caregivers and research 70
program subjects, as defined in section 21a-408, or to hospices or other 71
inpatient care facilities licensed by the Department of Public Health 72
pursuant to chapter 368v that have a protocol for the handling and 73
distribution of cannabis that has been approved by the department, or a 74
combination thereof; 75
(15) "Department" means the Department of Consumer Protection; 76
(16) "Dispensary facility" means a place of business where cannabis 77 Substitute Bill No. 5329
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may be dispensed, sold or distributed in accordance with chapter 420f 78
and any regulations adopted thereunder, to qualifying patients and 79
caregivers, and to which the department has issued a dispensary facility 80
license under chapter 420f and any regulations adopted thereunder; 81
(17) "Disproportionately impacted area" means a United States 82
census tract in the state that has, as determined by the Social Equity 83
Council under section 21a-420d, as amended by this act, (A) a historical 84
conviction rate for drug-related offenses greater than one-tenth, or (B) 85
an unemployment rate greater than ten per cent; 86
(18) "Disqualifying conviction" means a conviction within the last ten 87
years which has not been the subject of an absolute pardon under the 88
provisions of section 54-130a, or an equivalent pardon process under the 89
laws of another state or the federal government, for an offense under (A) 90
section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-292 or 53a-91
293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) section 53a-92
142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 53a-125c to 93
53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-129d; (I) 94
subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if the offense 95
which is attempted or is an object of the conspiracy is an offense under 96
the statutes listed in subparagraphs (A) to (I), inclusive, of this 97
subdivision; or (K) the law of any other state or of the federal 98
government, if the offense on which such conviction is based is defined 99
by elements that substantially include the elements of an offense under 100
the statutes listed in subparagraphs (A) to (J), inclusive, of this 101
subdivision; 102
(19) "Dispensary technician" means an individual who has had an 103
active pharmacy technician or dispensary technician registration in this 104
state within the past five years, is affiliated with a dispensary facility or 105
hybrid retailer and is registered with the department in accordance with 106
chapter 420f and any regulations adopted thereunder; 107
(20) "Employee" means any person who is not a backer, but is a 108
member of the board of a company with an ownership interest in a 109 Substitute Bill No. 5329
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cannabis establishment, and any person employed by a cannabis 110
establishment or who otherwise has access to such establishment or the 111
vehicles used to transport cannabis, including, but not limited to, an 112
independent contractor who has routine access to the premises of such 113
establishment or to the cannabis handled by such establishment; 114
(21) "Equity" and "equitable" means efforts, regulations, policies, 115
programs, standards, processes and any other functions of government 116
or principles of law and governance intended to: (A) Identify and 117
remedy past and present patterns of discrimination and disparities of 118
race, ethnicity, gender and sexual orientation; (B) ensure that such 119
patterns of discrimination and disparities, whether intentional or 120
unintentional, are neither reinforced nor perpetuated; and (C) prevent 121
the emergence and persistence of foreseeable future patterns of 122
discrimination or disparities of race, ethnicity, gender, and sexual 123
orientation; 124
(22) "Equity joint venture" means a business entity that is at least fifty 125
per cent owned and controlled by an individual or individuals, or such 126
applicant is an individual, who meets the criteria of subparagraphs (A) 127
and (B) of subdivision (48) of this section; 128
(23) "Extract" means the preparation, compounding, conversion or 129
processing of cannabis, either directly or indirectly by extraction or 130
independently by means of chemical synthesis, or by a combination of 131
extraction and chemical synthesis to produce a cannabis concentrate; 132
(24) "Financial interest" means any right to, ownership, an investment 133
or a compensation arrangement with another person, directly, through 134
business, investment or family. "Financial interest" does not include 135
ownership of investment securities in a publicly-held corporation that 136
is traded on a national exchange or over-the-counter market, provided 137
the investment securities held by such person and such person's spouse, 138
parent or child, in the aggregate, do not exceed one-half of one per cent 139
of the total number of shares issued by the corporation; 140 Substitute Bill No. 5329
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(25) "Food and beverage manufacturer" means a person that is 141
licensed to own and operate a place of business that acquires cannabis 142
and creates food and beverages; 143
(26) "Grow space" means the portion of a premises owned and 144
controlled by a producer, cultivator or micro-cultivator that is utilized 145
for the cultivation, growing or propagation of the cannabis plant, and 146
contains cannabis plants in an active stage of growth, measured starting 147
from the outermost wall of the room containing cannabis plants and 148
continuing around the outside of the room. "Grow space" does not 149
include space used to cure, process, store harvested cannabis or 150
manufacture cannabis once the cannabis has been harvested; 151
(27) "Historical conviction count for drug-related offenses" means, for 152
a given area, the number of convictions of residents of such area (A) for 153
violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 21a-279a, 154
and (B) who were arrested for such violations between January 1, 1982, 155
and December 31, 2020, inclusive, where such arrest was recorded in 156
databases maintained by the Department of Emergency Services and 157
Public Protection; 158
(28) "Historical conviction rate for drug-related offenses" means, for 159
a given area, the historical conviction count for drug-related offenses 160
divided by the population of such area, as determined by the five-year 161
estimates of the most recent American Community Survey conducted 162
by the United States Census Bureau; 163
(29) "Hybrid retailer" means a person that is licensed to purchase 164
cannabis and sell cannabis and medical marijuana products; 165
(30) "Key employee" means an employee with the following 166
management position or an equivalent title within a cannabis 167
establishment: (A) President or chief officer, who is the top ranking 168
individual at the cannabis establishment and is responsible for all staff 169
and overall direction of business operations; (B) financial manager, who 170
is the individual who reports to the president or chief officer and who is 171 Substitute Bill No. 5329
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generally responsible for oversight of the financial operations of the 172
cannabis establishment, including, but not limited to, revenue 173
generation, distributions, tax compliance and budget implementation; 174
or (C) compliance manager, who is the individual who reports to the 175
president or chief officer and who is generally responsible for ensuring 176
the cannabis establishment complies with all laws, regulations and 177
requirements related to the operation of the cannabis establishment; 178
(31) "Laboratory" means a laboratory located in the state that is 179
licensed by the department to provide analysis of cannabis that meets 180
the licensure requirements set forth in section 21a-246; 181
(32) "Laboratory employee" means an individual who is registered as 182
a laboratory employee pursuant to section 21a-408r; 183
(33) "Labor peace agreement" means an agreement between a 184
cannabis establishment and a bona fide labor organization under section 185
21a-421d pursuant to which the owners and management of the 186
cannabis establishment agree not to lock out employees and that 187
prohibits the bona fide labor organization from engaging in picketing, 188
work stoppages or boycotts against the cannabis establishment; 189
(34) "Manufacture" means to add or incorporate cannabis into other 190
products or ingredients or create a cannabis product; 191
(35) "Medical marijuana product" means cannabis that may be 192
exclusively sold to qualifying patients and caregivers by dispensary 193
facilities and hybrid retailers and which are designated by the 194
commissioner as reserved for sale to qualifying patients and caregivers 195
and published on the department's Internet web site; 196
(36) "Micro-cultivator" means a person licensed to engage in the 197
cultivation, growing and propagation of the cannabis plant at an 198
establishment containing not less than two thousand square feet and not 199
more than ten thousand square feet of grow space, prior to any 200
expansion authorized by the commissioner; 201 Substitute Bill No. 5329
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(37) "Municipality" means any town, city or borough, consolidated 202
town and city or consolidated town and borough; 203
(38) "Paraphernalia" means drug paraphernalia, as defined in section 204
21a-240; 205
(39) "Person" means an individual, partnership, limited liability 206
company, society, association, joint stock company, corporation, estate, 207
receiver, trustee, assignee, referee or any other legal entity and any other 208
person acting in a fiduciary or representative capacity, whether 209
appointed by a court or otherwise, and any combination thereof; 210
(40) "Producer" means a person that is licensed as a producer 211
pursuant to section 21a-408i and any regulations adopted thereunder; 212
(41) "Product manufacturer" means a person that is licensed to obtain 213
cannabis, extract and manufacture products exclusive to such license 214
type; 215
(42) "Product packager" means a person that is licensed to package 216
and label cannabis; 217
(43) "Qualifying patient" has the same meaning as provided in section 218
21a-408; 219
(44) "Research program" has the same meaning as provided in section 220
21a-408; 221
(45) "Retailer" means a person, excluding a dispensary facility and 222
hybrid retailer, that is licensed to purchase cannabis from producers, 223
cultivators, micro-cultivators, product manufacturers and food and 224
beverage manufacturers and to sell cannabis to consumers and research 225
programs; 226
(46) "Sale" or "sell" has the same meaning as provided in section 21a-227
240; 228
(47) "Social Equity Council" or "council" means the council 229 Substitute Bill No. 5329
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established under section 21a-420d, as amended by this act; 230
(48) "Social equity applicant" means a person that has applied for a 231
license for a cannabis establishment, where such applicant is at least 232
sixty-five per cent owned and controlled by an individual or 233
individuals, or such applicant is an individual, who: 234
(A) Had an average household income of less than three hundred per 235
cent of the state median household income over the three tax years 236
immediately preceding such individual's application; and 237
(B) (i) Was a resident of a disproportionately impacted area for not 238
less than five of the ten years immediately preceding the date of such 239
application; or 240
(ii) Was a resident of a disproportionately impacted area for not less 241
than nine years prior to attaining the age of eighteen; 242
(49) "THC" has the same meaning as provided in section 21a-240; 243
(50) "Third-party lottery operator" means a person, or a constituent 244
unit of the state system of higher education, that conducts lotteries 245
pursuant to section 21a-420g, identifies the cannabis establishment 246
license applications for consideration without performing any review of 247
the applications that are identified for consideration, and that has no 248
direct or indirect oversight of or investment in a cannabis establishment 249
or a cannabis establishment applicant; 250
(51) "Transfer" means to transfer, change, give or otherwise dispose 251
of control over or interest in; 252
(52) "Transport" means to physically move from one place to another; 253
(53) "Transporter" means a person licensed to transport cannabis 254
between cannabis establishments, laboratories and research programs; 255
and 256
(54) "Unemployment rate" means, in a given area, the number of 257 Substitute Bill No. 5329
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people sixteen years of age or older who are in the civilian labor force 258
and unemployed divided by the number of people sixteen years of age 259
or older who are in the civilian labor force. 260
Sec. 2. (NEW) (Effective July 1, 2022) (a) Notwithstanding any 261
provision of the general statutes, no person shall gift, sell or transfer 262
cannabis to another person: (1) To induce, or in exchange for, any 263
donation for any purpose, including, but not limited to, any charitable 264
donation or any donation made to gain admission to any event; (2) at 265
any location, other than a dispensary facility, retailer or hybrid-retailer, 266
(A) where a consumer may purchase any item other than cannabis, a 267
cannabis product or services related to cannabis, or (B) that requires 268
consideration, including, but not limited to, membership in any club, in 269
order to gain admission to such location; or (3) as part of any giveaway 270
associated with attendance at any event, including, but not limited to, 271
any giveaway made by way of a door prize, goodie bag or swag bag. 272
The provisions of this subsection shall not be construed to prohibit any 273
gift of cannabis between individuals with a bona fide social relationship, 274
provided such gift is made without consideration and is not associated 275
with any commercial transaction. 276
(b) Any person who violates the provisions of subsection (a) of this 277
section shall, in addition to any other penalty provided by law: (1) Be 278
subject to a fine imposed by a municipality under section 3 of this act; 279
(2) be fined two thousand five hundred dollars per offense, in 280
accordance with the provisions of section 51-164n of the general statutes, 281
as amended by this act, by the Commissioner of Emergency Services and 282
Public Protection; and (3) be subject to an administrative hearing held 283
by the Commissioner of Revenue Services pursuant to chapter 54 of the 284
general statutes for failure to pay taxes, which may result in a civil 285
penalty of not more than one thousand dollars per violation. For the 286
purposes of this subsection, "per offense" and "per violation" mean 287
either per transaction or per day the violation continues, as determined 288
by the Commissioner of Emergency Services and Public Protection for 289
the purposes of subdivision (2) of this subsection or the Commissioner 290 Substitute Bill No. 5329
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of Revenue Services for the purposes of subdivision (3) of this 291
subsection. 292
Sec. 3. (NEW) (Effective July 1, 2022) Any municipality may establish, 293
by ordinance, a fine for violations of section 2 of this act, provided the 294
amount of any such fine shall not be greater than two thousand five 295
hundred dollars per violation. Any police officer or other person 296
authorized by the chief executive officer of the municipality may issue 297
a citation to any person who commits such a violation. Any municipality 298
that adopts an ordinance pursuant to this section shall also adopt a 299
citation hearing procedure pursuant to section 7-152c of the general 300
statutes. Any fine collected by a municipality pursuant to this section 301
shall be deposited into the general fund of the municipality or in any 302
special fund designated by the municipality. 303
Sec. 4. Subsections (a) and (b) of section 51-164n of the 2022 304
supplement to the general statutes are repealed and the following is 305
substituted in lieu thereof (Effective July 1, 2022): 306
(a) There shall be a Centralized Infractions Bureau of the Superior 307
Court to handle payments or pleas of not guilty with respect to the 308
commission of an infraction under any provision of the general statutes 309
or a violation set forth in subsection (b) of this section. Except as 310
provided in section 51-164o, any person who is alleged to have 311
committed an infraction or a violation under subsection (b) of this 312
section may plead not guilty or pay the established fine and any 313
additional fee or cost for the infraction or such violation. 314
(b) Notwithstanding any provision of the general statutes, any person 315
who is alleged to have committed (1) a violation under the provisions of 316
section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-317
393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-318
251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 319
of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-320
435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 321
13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247, 13a-253 322 Substitute Bill No. 5329
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or 13a-263, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-323
292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, 324
subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection 325
(d) of section 14-12, section 14-20a or 14-27a, subsection (f) of section 14-326
34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 327
subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 328
of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 329
14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 330
violation as specified in subsection (f) of section 14-164i, section 14-219 331
as specified in subsection (e) of said section, subdivision (1) of section 332
14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-333
261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 334
14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-335
296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 336
14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-337
33, subdivision (1) of section 15-97, subsection (a) of section 15-115, 338
section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 339
16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-340
131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 341
19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-342
222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-343
336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-344
231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 345
section 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 346
21-47, 21-48, 21-63, subsection (d) of section 21-71 or section 21-76a, 347
subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 348
21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 349
or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 350
or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, 351
subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, 352
subsection (c), (d) or (e) of section 21a-279a, section 21a-421eee, 21a-353
421fff, 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-30, 22-34, 22-354
35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision 355
(1) of subsection (n) of section 22-61l, subsection (f) of section 22-61m, 356
subdivision (1) of subsection (f) of section 22-61m, subsection (d) of 357 Substitute Bill No. 5329
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section 22-84, section 22-89, 22-90, 22-96, 22-98, 22-99, 22-100, 22-111o, 358
22-167, subsection (c) of section 22-277, section 22-278, 22-279, 22-280a, 359
22-318a, 22-320h, 22-324a, 22-326, subsection (b), subdivision (1) or (2) of 360
subsection (e) or subsection (g) of section 22-344, subdivision (2) of 361
subsection (b) of section 22-344b, subsection (d) of section 22-344c, 362
subsection (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22-363
359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection 364
(a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 365
or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 366
22a-461, 23-4b, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) 367
of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of 368
section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-369
40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of 370
subsection (d) of section 26-61, section 26-64, subdivision (1) of section 371
26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-372
105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision 373
(1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, 374
subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, 375
26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-376
6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of 377
section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29-378
198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, 379
section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 380
31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 381
31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or 382
(c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 383
31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of 384
section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-385
658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 386
46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-387
249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-388
323, 53-331 or 53-344, subsection (c) of section 53-344b, [or] section 53-389
450 or section 2 of this act, or (2) a violation under the provisions of 390
chapter 268, or (3) a violation of any regulation adopted in accordance 391
with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation 392 Substitute Bill No. 5329
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of any ordinance, regulation or bylaw of any town, city or borough, 393
except violations of building codes and the health code, for which the 394
penalty exceeds ninety dollars but does not exceed two hundred fifty 395
dollars, unless such town, city or borough has established a payment 396
and hearing procedure for such violation pursuant to section 7-152c, 397
shall follow the procedures set forth in this section. 398
Sec. 5. (NEW) (Effective from passage) (a) A cultivator licensed under 399
section 21a-420o of the general statutes may create not more than two 400
equity joint ventures to be approved by the Social Equity Council under 401
section 21a-420d of the general statutes, as amended by this act, and 402
licensed by the department under this section. The equity joint venture 403
shall be in any cannabis establishment licensed business, other than a 404
cultivator license. 405
(b) The equity joint venture applicant shall submit an application to 406
the Social Equity Council that may include, but need not be limited to, 407
evidence of business formation, ownership allocation, terms of 408
ownership and financing and proof of social equity status. The equity 409
joint venture applicant shall submit to the Social Equity Council 410
information including, but not limited to, the organizing documents of 411
the entity that outline the ownership stake of each backer, initial backer 412
investment and payout information to enable the council to determine 413
the terms of ownership. 414
(c) Upon obtaining the written approval of the Social Equity Council 415
for an equity joint venture, the equity joint venture applicant shall apply 416
for a license from the department in the same form as required by all 417
other licensees of the same license type, except that such application 418
shall not be subject to the lottery. 419
(d) A cultivator licensed under section 21a-420o of the general 420
statutes, including the backer of such cultivator, shall not increase its 421
ownership in an equity joint venture in excess of fifty per cent during 422
the seven-year period after a license is issued by the department under 423
this section. 424 Substitute Bill No. 5329
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(e) Equity joint ventures that share a common cultivator or cultivator 425
backer shall not be located within twenty miles of another commonly 426
owned equity joint venture. 427
(f) An equity joint venture applicant shall pay fifty per cent of the 428
amount of any applicable fee specified in subsection (c) of section 21a-429
420e of the general statutes for the first three renewal cycles of the 430
applicable cannabis establishment license applied for, and shall pay the 431
full amount of such fee thereafter. 432
Sec. 6. Section 21a-420m of the 2022 supplement to the general 433
statutes is repealed and the following is substituted in lieu thereof 434
(Effective from passage): 435
(a) In order to pay a reduced license expansion authorization fee as 436
described in subsection (b) of section 21a-420l, a producer shall commit 437
to create two equity joint ventures to be approved by the Social Equity 438
Council under section 21a-420d, as amended by this act, and licensed by 439
the department under this section. 440
(b) The equity joint venture shall be in any cannabis establishment 441
licensed business, other than a cultivator license, provided [the social 442
equity applicant shall own at least fifty per cent of such business] such 443
equity joint venture is at least fifty per cent owned and controlled by an 444
individual or individuals who meet, or the equity joint venture 445
applicant is an individual who meets, the criteria established in 446
subparagraphs (A) and (B) of subdivision (48) of section 21a-420, as 447
amended by this act. 448
(c) The [producer or social equity applicant of an] equity joint venture 449
applicant shall submit an application to the Social Equity Council that 450
may include, but need not be limited to, evidence of business formation, 451
ownership allocation, terms of ownership and financing and proof of 452
social equity [applicant involvement] status. The [producer or social 453
equity applicant of an] equity joint venture applicant shall submit to the 454
Social Equity Council information including, but not limited to, the 455 Substitute Bill No. 5329
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organizing documents of the entity that outline the ownership stake of 456
each backer, initial backer investment and payout information to enable 457
the council to determine the terms of ownership. 458
(d) Upon obtaining the written approval of the Social Equity Council 459
for an equity joint venture, [the producer or social equity applicant of] 460
the equity joint venture applicant shall apply for a license from the 461
department in the same form as required by all other licensees of the 462
same license type, except that such application shall not be subject to the 463
lottery. 464
(e) A producer, including the backer of such producer, shall not 465
increase its ownership in an equity joint venture in excess of fifty per 466
cent during the seven-year period after a license is issued by the 467
department under this section. 468
(f) Equity joint ventures that share a common producer or producer 469
backer and that are retailers or hybrid retailers shall not be located 470
within twenty miles of another commonly owned equity joint venture. 471
(g) If a producer [had] has paid a reduced conversion fee, as 472
described in subsection (b) of section 21a-420l, and subsequently did not 473
create two equity joint ventures under this section that, not later than 474
fourteen months after the Department of Consumer Protection 475
approved the producer's license expansion application under section 476
21a-420l, each received a final license from the department, the producer 477
shall be liable for the full conversion fee of three million dollars 478
established in section 21a-420l minus such paid reduced conversion fee. 479
(h) No producer that receives license expansion authorization under 480
section 21a-420l shall create more than two equity joint ventures. No 481
such producer shall apply for, or create, any additional equity joint 482
venture if, on the effective date of this section, such producer has created 483
at least two equity joint ventures that have each received a provisional 484
license. 485
(i) An equity joint venture applicant shall pay fifty per cent of the 486 Substitute Bill No. 5329
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amount of any applicable fee specified in subsection (c) of section 21a-487
420e for the first three renewal cycles of the applicable cannabis 488
establishment license applied for, and shall pay the full amount of such 489
fee thereafter. 490
Sec. 7. Section 21a-420u of the 2022 supplement to the general statutes 491
is repealed and the following is substituted in lieu thereof (Effective from 492
passage): 493
(a) In order for a dispensary facility to convert its license to a hybrid-494
retailer license, a dispensary facility shall have a workforce 495
development plan that has been approved by the Social Equity Council 496
under section 21a-420d, as amended by this act, and shall either pay the 497
fee of one million dollars established in section 21a-420e or, if such 498
dispensary facility has committed to create one equity joint venture to 499
be approved by the Social Equity Council for ownership purposes under 500
section 21a-420d, as amended by this act, and subsequent to obtaining 501
such approval, approved by the department for licensure under this 502
section, pay a reduced fee of five hundred thousand dollars. 503
(b) Any equity joint venture created under this section shall be 504
created for the development of a cannabis establishment, [business with 505
a social equity applicant that owns at least fifty per cent of such business 506
and where the dispensary facility owns at most fifty per cent of such 507
business] other than a cultivator, provided such equity joint venture is 508
at least fifty per cent owned and controlled by an individual or 509
individuals who meet, or the equity joint venture applicant is an 510
individual who meets, the criteria established in subparagraphs (A) and 511
(B) of subdivision (48) of section 21a-420, as amended by this act. 512
(c) An equity joint venture applicant shall submit an application to 513
the Social Equity Council that may include, but need not be limited to, 514
evidence of business formation, ownership allocation, terms of 515
ownership and financing and proof of social equity [applicant 516
involvement. The dispensary facility or social equity applicant of an 517
equity joint venture shall submit an application to the Social Equity 518 Substitute Bill No. 5329
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Council that may include, but need not be limited to, evidence of 519
business formation, ownership allocation, terms of ownership and 520
financing and proof of social equity applicant involvement. The 521
dispensary facility or social equity applicant of an] status. The equity 522
joint venture applicant shall submit to the Social Equity Council 523
information including, but not limited to, the organizing documents of 524
the entity that outline the ownership stake of each backer, initial backer 525
investment and payout information to enable the council to determine 526
the terms of ownership. 527
(d) Upon receipt of written approval of the equity joint venture by 528
the Social Equity Council, [the dispensary facility or social equity 529
applicant of] the equity joint venture applicant shall apply for a license 530
from the department in the same form as required by all other licensees 531
of the same license type and subject to the same fees as required by all 532
other licensees of the same license type. 533
(e) A dispensary facility, including the backers of such dispensary 534
facility, shall not increase its ownership in an equity joint venture in 535
excess of fifty per cent during the seven-year period after a license is 536
issued by the department under this section. 537
(f) Equity joint ventures that are retailers or hybrid retailers that share 538
a common dispensary facility or dispensary facility backer owner shall 539
not be located within twenty miles of another commonly owned equity 540
joint venture. 541
(g) If a dispensary facility has paid the reduced conversion fee, in 542
accordance with subsection (a) of this section, and did not subsequently 543
create one equity joint venture under this section [, the] that, not later 544
than fourteen months after the Department of Consumer Protection 545
approved the dispensary facility's license conversion application under 546
section 21a-420t, receives a final license from the department, the 547
dispensary facility shall be liable for the full conversion fee of one 548
million dollars [,] established [under] in section 21a-420e minus such 549
paid reduced conversion fee. 550 Substitute Bill No. 5329
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(h) No dispensary facility that receives approval to convert the 551
dispensary facility's license to a hybrid-retailer license under section 552
21a-420t shall create more than two equity joint ventures. No such 553
dispensary facility shall apply for, or create, any additional equity joint 554
venture if, on the effective date of this section, such dispensary facility 555
has created at least two equity joint ventures that have each received a 556
provisional license. 557
(i) An equity joint venture applicant shall pay fifty per cent of the 558
amount of any applicable fee specified in subsection (c) of section 21a-559
420e for the first three renewal cycles of the applicable cannabis 560
establishment license applied for, and shall pay the full amount of such 561
fee thereafter. 562
Sec. 8. Subsection (k) of section 21a-420d of the 2022 supplement to 563
the general statutes is repealed and the following is substituted in lieu 564
thereof (Effective from passage): 565
(k) The council shall develop criteria for evaluating the ownership 566
and control of any equity joint venture created under section 21a-420m, 567
as amended by this act, [or] 21a-420u, as amended by this act, or section 568
5 of this act and shall review and approve or deny in writing such equity 569
joint venture prior to such equity joint venture being licensed under 570
section 21a-420m, as amended by this act, [or] 21a-420u, as amended by 571
this act, or section 5 of this act. After developing criteria for social equity 572
plans as described in subdivision (5) of subsection (h) of this section, the 573
council shall review and approve or deny in writing any such plan 574
submitted by a cannabis establishment as part of its final license 575
application. The council shall not approve any equity joint venture 576
applicant which shares with an equity joint venture any individual 577
owner who meets the criteria established in subparagraphs (A) and (B) 578
of subdivision (48) of section 21a-420, as amended by this act. 579
Sec. 9. Section 21a-421bb of the 2022 supplement to the general 580
statutes is repealed and the following is substituted in lieu thereof 581
(Effective July 1, 2022): 582 Substitute Bill No. 5329
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(a) [Cannabis] Except as provided in subsection (c) of this section, 583
cannabis establishments and any person advertising any cannabis or 584
services related to cannabis shall not: 585
(1) Advertise, including, but not limited to, through a business name 586
or logo, cannabis, cannabis paraphernalia or goods or services related to 587
cannabis in ways that target or are designed to appeal to individuals 588
under twenty-one years of age, including, but not limited to, 589
spokespersons or celebrities who appeal to individuals under the legal 590
age to purchase cannabis or cannabis products, depictions of a person 591
under twenty-five years of age consuming cannabis, or, the inclusion of 592
objects, such as toys, characters or cartoon characters suggesting the 593
presence of a person under twenty-one years of age, or any other 594
depiction designed in any manner to be appealing to a person under 595
twenty-one years of age; 596
(2) Engage in advertising by means of any billboard; 597
[(2)] (3) Engage in advertising by means of any television, radio, 598
Internet, mobile [applications] application, social media [,] or other 599
electronic communication, [billboard or other] outdoor signage [,] or 600
print publication unless the advertiser has reliable evidence that at least 601
ninety per cent of the audience for the advertisement is reasonably 602
expected to be twenty-one years of age or older; 603
[(3)] (4) Engage in advertising or marketing directed toward location-604
based devices, including, but not limited to, cellular phones, unless the 605
marketing is a mobile device application installed on the device by the 606
owner of the device who is twenty-one years of age or older and 607
includes a permanent and easy opt-out feature and warnings that the 608
use of cannabis is restricted to persons twenty-one years of age or older; 609
[(4)] (5) Advertise cannabis or cannabis products in a manner 610
claiming or implying, or permit any employee of the cannabis 611
establishment to claim or imply, that such products have curative or 612
therapeutic effects, or that any other medical claim is true, or allow any 613 Substitute Bill No. 5329
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employee to promote cannabis for a wellness purpose unless such 614
claims are substantiated as set forth in regulations adopted under 615
chapter 420f or verbally conveyed by a licensed pharmacist or other 616
licensed medical practitioner in the course of business in, or while 617
representing, a hybrid retail or dispensary facility; 618
[(5)] (6) Sponsor charitable, sports, musical, artistic, cultural, social or 619
other similar events or advertising at, or in connection with, such an 620
event unless the sponsor or advertiser has reliable evidence that (A) not 621
more than ten per cent of the in-person audience at the event is 622
reasonably expected to be under the legal age to purchase cannabis or 623
cannabis products, and (B) not more than ten per cent of the audience 624
that will watch, listen or participate in the event is expected to be under 625
the legal age to purchase cannabis products; 626
[(6)] (7) Advertise cannabis, cannabis products or cannabis 627
paraphernalia in any physical form visible to the public within five 628
hundred feet of an elementary or secondary school ground, recreation 629
center or facility, child care center, playground, public park or library; 630
[(7)] (8) Cultivate cannabis or manufacture cannabis products for 631
distribution outside of this state in violation of federal law, advertise in 632
any way that encourages the transportation of cannabis across state lines 633
or otherwise encourages illegal activity; 634
[(8)] (9) Except for dispensary facilities and hybrid retailers, exhibit 635
within or upon the outside of the facility used in the operation of a 636
cannabis establishment, or include in any advertisement, the word 637
"dispensary" or any variation of such term or any other words, displays 638
or symbols indicating that such store, shop or place of business is a 639
dispensary; 640
[(9)] (10) Exhibit within or upon the outside of the premises subject to 641
the cannabis establishment license, or include in any advertisement the 642
words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 643
"medicine shop" or any combination of such terms or any other words, 644 Substitute Bill No. 5329
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displays or symbols indicating that such store, shop or place of business 645
is a pharmacy; 646
[(10)] (11) Advertise on or in public or private vehicles or at bus stops, 647
taxi stands, transportation waiting areas, train stations, airports or other 648
similar transportation venues including, but not limited to, vinyl-649
wrapped vehicles or signs or logos on transportation vehicles not 650
owned by a cannabis establishment; 651
[(11)] (12) Display cannabis or cannabis products so as to be clearly 652
visible to a person from the exterior of the facility used in the operation 653
of a cannabis establishment, or display signs or other printed material 654
advertising any brand or any kind of cannabis or cannabis product on 655
the exterior of any facility used in the operation of a cannabis 656
establishment; 657
[(12)] (13) Utilize radio or loudspeaker, in a vehicle or in or outside of 658
a facility used in the operation of a cannabis establishment, for the 659
purposes of advertising the sale of cannabis or cannabis products; or 660
[(13)] (14) Operate any web site advertising or depicting cannabis, 661
cannabis products or cannabis paraphernalia unless such web site 662
verifies that the entrants or users are twenty-one years of age or older. 663
(b) [Any] Except as provided in subsection (c) of this section, any 664
advertisements from a cannabis establishment shall contain the 665
following warning: "Do not use cannabis if you are under twenty-one 666
years of age. Keep cannabis out of the reach of children." In a print or 667
visual medium, such warning shall be conspicuous, easily legible and 668
shall take up not less than ten per cent of the advertisement space. In an 669
audio medium, such warning shall be at the same speed as the rest of 670
the advertisement and be easily intelligible. 671
(c) Any outdoor signage, other than a billboard and including, but 672
not limited to, any monument sign, pylon sign or wayfinding sign, shall 673
be deemed to satisfy the audience requirement established in 674
subdivision (3) of subsection (a) of this section, and shall not be required 675 Substitute Bill No. 5329
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to contain the warning required under subsection (b) of this section, if 676
such outdoor signage: 677
(1) Contains only the name and logo of: 678
(A) A cannabis establishment; or 679
(B) Any business entity advertising (i) cannabis paraphernalia, or (ii) 680
goods or services related to a cannabis business; 681
(2) Is comprised of not more than three colors; and 682
(3) Is located: 683
(A) On the cannabis establishment's or such business entity's 684
premises, regardless of whether such cannabis establishment or 685
business entity leases or owns such premises; or 686
(B) On any commercial property occupied by multiple tenants 687
including such cannabis establishment or business entity. 688
[(c)] (d) The department shall not register, and may require revision 689
of, any submitted or registered cannabis brand name that: 690
(1) Is identical to, or confusingly similar to, the name of an existing 691
non-cannabis product; 692
(2) Is identical to, or confusingly similar to, the name of an unlawful 693
product or substance; 694
(3) Is confusingly similar to the name of a previously approved 695
cannabis brand name; 696
(4) Is obscene or indecent; and 697
(5) Is customarily associated with persons under the age of twenty-698
one. 699
[(d)] (e) A violation of the provisions of subsection (a) or (b) of this 700 Substitute Bill No. 5329
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section shall be deemed to be an unfair or deceptive trade practice under 701
subsection (a) of section 42-110b. 702
Sec. 10. Section 21a-422f of the 2022 supplement to the general 703
statutes is repealed and the following is substituted in lieu thereof 704
(Effective from passage): 705
(a) As used in this section, "municipality" means any town, city or 706
borough, consolidated town and city or consolidated town and 707
borough, and a district establishing a zoning commission under section 708
7-326. 709
(b) Any municipality may, by amendment to such municipality's 710
zoning regulations or by local ordinance, (1) prohibit the establishment 711
of a cannabis establishment, (2) establish reasonable restrictions 712
regarding the hours and signage within the limits of such municipality, 713
or (3) establish restrictions on the proximity of cannabis establishments 714
to any of the establishments listed in subdivision (1) of subsection (a) of 715
section 30-46. The chief zoning official of a municipality shall report, in 716
writing, any zoning changes adopted by the municipality regarding 717
cannabis establishments pursuant to this subsection to the Secretary of 718
the Office of Policy and Management and to the department not later 719
than fourteen days after the adoption of such changes. 720
(c) Unless otherwise provided for by a municipality through its 721
zoning regulations or ordinances, a cannabis establishment shall be 722
zoned as if for any other similar use, other than a cannabis 723
establishment, would be zoned. 724
(d) Any restriction regarding hours, zoning and signage of a cannabis 725
establishment adopted by a municipality shall not apply to an existing 726
cannabis establishment located in such municipality if such cannabis 727
establishment does not convert to a different license type, for a period 728
of five years after the adoption of such prohibition or restriction. 729
[(e) Until June 30, 2024, no municipality shall grant zoning approval 730
for more retailers or micro-cultivators than a number that would allow 731 Substitute Bill No. 5329
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for one retailer and one micro-cultivator for every twenty-five thousand 732
residents of such municipality, as determined by the most recent 733
decennial census. 734
(f) On and after July 1, 2024, the Commissioner of Consumer 735
Protection may, in the discretion of the commissioner, post on the 736
Department of Consumer Protection's Internet web site a specific 737
number of residents such that no municipality shall grant zoning 738
approval for more retailers or micro-cultivators than would result in one 739
retailer and one micro-cultivator for every such specific number of 740
residents, as determined by the commissioner. Any such determination 741
shall be made to ensure reasonable access to cannabis by consumers.] 742
[(g)] (e) For purposes of ensuring compliance with this section, a 743
special permit or other affirmative approval shall be required for any 744
retailer or micro-cultivator seeking to be located within a municipality. 745
[A municipality shall not grant such special permit or approval for any 746
retailer or micro-cultivator applying for such special permit or approval 747
if that would result in an amount that (1) until June 30, 2024, exceeds the 748
density cap of one retailer and one micro-cultivator for every twenty-749
five thousand residents, and (2) on and after July 1, 2024, exceeds any 750
density cap determined by the commissioner under subsection (f) of this 751
section.] When awarding final licenses for a retailer or micro-cultivator, 752
the Department of Consumer Protection may assume that, if an 753
applicant for such final license has obtained zoning approval, the 754
approval of a final license for such applicant shall not result in a 755
violation of this section or any [other] municipal restrictions on the 756
number or density of cannabis establishments. 757
Sec. 11. (Effective from passage) (a) Not later than September 1, 2022, 758
the chairpersons of the joint standing committee of the General 759
Assembly having cognizance of matters relating to general law shall 760
convene a working group to study: 761
(1) The regulation of hemp; 762 Substitute Bill No. 5329
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(2) The possibility of including hemp in this state's cannabis program; 763
and 764
(3) Any other topic that is relevant to hemp production and 765
regulation. 766
(b) The chairpersons of the joint standing committee of the General 767
Assembly having cognizance of matters relating to general law shall 768
serve as the chairpersons of the working group and shall jointly appoint 769
the members of the working group, which members shall include, but 770
need not be limited to: 771
(1) Representatives from the Department of Consumer Protection, 772
Connecticut Farm Bureau and cannabis industry; and 773
(2) Members of the General Assembly who represent rural districts in 774
this state. 775
(c) The administrative staff of the joint standing committee of the 776
General Assembly having cognizance of matters relating to general law 777
shall serve as administrative staff of the working group. 778
(d) Not later than January 1, 2023, the working group shall submit a 779
report, in accordance with the provisions of section 11-4a of the general 780
statutes, on its findings and recommendations to the joint standing 781
committee of the General Assembly having cognizance of matters 782
relating to general law. The working group shall terminate on the date 783
that it submits such report or January 1, 2023, whichever is later. 784
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 21a-420
Sec. 2 July 1, 2022 New section
Sec. 3 July 1, 2022 New section
Sec. 4 July 1, 2022 51-164n(a) and (b)
Sec. 5 from passage New section
Sec. 6 from passage 21a-420m Substitute Bill No. 5329
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Sec. 7 from passage 21a-420u
Sec. 8 from passage 21a-420d(k)
Sec. 9 July 1, 2022 21a-421bb
Sec. 10 from passage 21a-422f
Sec. 11 from passage New section
Statement of Legislative Commissioners:
In Section 4(b)(1), "section 2 of this act," was deleted, "or" was bracketed
and "or section 2 of this act" was added, for consistency; in Section 5(f),
a comma was deleted, for clarity; and, in Section 8(k), "5 of this act, 21a-
420m, as amended by this act, or 21a-420u, as amended by this act" was
changed to "21a-420m, as amended by this act, [or] 21a-420u, as
amended by this act, or section 5 of this act", for consistency.
GL Joint Favorable Subst.