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|---|---|---|---|
| 1 | + | ||
| 2 | + | ||
| 3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329-R01- | |
| 4 | + | HB.docx | |
| 5 | + | 1 of 27 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 5329 | |
| 8 | + | February Session, 2022 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute House Bill No. 5329 | |
| 5 | - | ||
| 6 | - | Public Act No. 22-103 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING CANNABIS. | |
| 10 | 15 | Be it enacted by the Senate and House of Representatives in General | |
| 11 | 16 | Assembly convened: | |
| 12 | 17 | ||
| 13 | - | Section 1. Section 21a-420 of the 2022 supplement to the general | |
| 14 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 15 | - | (Effective | |
| 16 | - | As used in RERACA, unless the context otherwise requires: | |
| 17 | - | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis | |
| 18 | - | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, | |
| 19 | - | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, | |
| 20 | - | 21a-279d, 21a-420a to 21a-420i, inclusive, 21a-420l to 21a-421r, inclusive, | |
| 21 | - | 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421ggg, inclusive, | |
| 22 | - | 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j | |
| 23 | - | to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b, | |
| 24 | - | 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 65, | |
| 25 | - | inclusive, 124, 144 and 165 of public act 21-1 of the June special session | |
| 26 | - | and the amendments in public act 21-1 of the June special session to | |
| 27 | - | sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14- | |
| 28 | - | 111e, 14-227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 18-100h, | |
| 29 | - | 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 to 21a- | |
| 30 | - | 408f, inclusive | |
| 18 | + | Section 1. Section 21a-420 of the 2022 supplement to the general 1 | |
| 19 | + | statutes is repealed and the following is substituted in lieu thereof 2 | |
| 20 | + | (Effective July 1, 2022): 3 | |
| 21 | + | As used in RERACA, unless the context otherwise requires: 4 | |
| 22 | + | (1) "Responsible and Equitable Regulation of Adult-Use Cannabis 5 | |
| 23 | + | Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll, 6 | |
| 24 | + | 12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c, 7 | |
| 25 | + | 21a-279d, 21a-420a to 21a-420i, inclusive, 21a-420l to 21a-421r, inclusive, 8 | |
| 26 | + | 21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421ggg, inclusive, 9 | |
| 27 | + | 21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j 10 | |
| 28 | + | to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b, 11 | |
| 29 | + | 54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 65, 12 | |
| 30 | + | inclusive, 124, 144 and 165 of public act 21-1 of the June special session 13 | |
| 31 | + | and the amendments in public act 21-1 of the June special session to 14 | |
| 32 | + | sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-15 | |
| 33 | + | 111e, 14-227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 18-100h, 16 | |
| 34 | + | 19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 to 21a-17 | |
| 35 | + | 408f, inclusive, 21a-408h to 21a-408p, inclusive, 21a-408r to 21a-408v, 18 Substitute Bill No. 5329 | |
| 31 | 36 | ||
| 32 | - | Public Act No. 22-103 2 of 54 | |
| 33 | 37 | ||
| 34 | - | 21a-408r to 21a-408v, inclusive, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, | |
| 35 | - | as amended by this act, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, | |
| 36 | - | 54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a, [and] 54-142e, section 2 of | |
| 37 | - | this act and section 5 of this act; | |
| 38 | - | (2) "Backer" means any individual with a direct or indirect financial | |
| 39 | - | interest in a cannabis establishment. "Backer" does not include an | |
| 40 | - | individual with an investment interest in a cannabis establishment if (A) | |
| 41 | - | the interest held by such individual and such individual's spouse, | |
| 42 | - | parent or child, in the aggregate, does not exceed five per cent of the | |
| 43 | - | total ownership or interest rights in such cannabis establishment, and | |
| 44 | - | (B) such individual does not participate directly or indirectly in the | |
| 45 | - | control, management or operation of the cannabis establishment; | |
| 46 | - | (3) "Cannabis" means marijuana, as defined in section 21a-240; | |
| 47 | - | (4) "Cannabis establishment" means a producer, dispensary facility, | |
| 48 | - | cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage | |
| 49 | - | manufacturer, product manufacturer, product packager, delivery | |
| 50 | - | service or transporter; | |
| 51 | - | (5) "Cannabis flower" means the flower, including abnormal and | |
| 52 | - | immature flowers, of a plant of the genus cannabis that has been | |
| 53 | - | harvested, dried and cured, and prior to any processing whereby the | |
| 54 | - | flower material is transformed into a cannabis product. "Cannabis | |
| 55 | - | flower" does not include (A) the leaves or stem of such plant, or (B) | |
| 56 | - | hemp, as defined in section 22-61l; | |
| 57 | - | (6) "Cannabis trim" means all parts, including abnormal or immature | |
| 58 | - | parts, of a plant of the genus cannabis, other than cannabis flower, that | |
| 59 | - | have been harvested, dried and cured, and prior to any processing | |
| 60 | - | whereby the plant material is transformed into a cannabis product. | |
| 61 | - | "Cannabis trim" does not include hemp, as defined in section 22-61l; | |
| 62 | - | (7) "Cannabis product" means cannabis that is in the form of a Substitute House Bill No. 5329 | |
| 38 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 39 | + | R01-HB.docx } | |
| 40 | + | 2 of 27 | |
| 63 | 41 | ||
| 64 | - | Public Act No. 22-103 3 of 54 | |
| 42 | + | inclusive, 30-89a, 31-40q, 32-39, 46b-120, 51-164n, as amended by this 19 | |
| 43 | + | act, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e, 54-56g, 54-56i, 54-56k, 20 | |
| 44 | + | 54-56n, 54-63d, 54-66a, [and] 54-142e, section 2 of this act and section 5 21 | |
| 45 | + | of this act; 22 | |
| 46 | + | (2) "Backer" means any individual with a direct or indirect financial 23 | |
| 47 | + | interest in a cannabis establishment. "Backer" does not include an 24 | |
| 48 | + | individual with an investment interest in a cannabis establishment if (A) 25 | |
| 49 | + | the interest held by such individual and such individual's spouse, 26 | |
| 50 | + | parent or child, in the aggregate, does not exceed five per cent of the 27 | |
| 51 | + | total ownership or interest rights in such cannabis establishment, and 28 | |
| 52 | + | (B) such individual does not participate directly or indirectly in the 29 | |
| 53 | + | control, management or operation of the cannabis establishment; 30 | |
| 54 | + | (3) "Cannabis" means marijuana, as defined in section 21a-240; 31 | |
| 55 | + | (4) "Cannabis establishment" means a producer, dispensary facility, 32 | |
| 56 | + | cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage 33 | |
| 57 | + | manufacturer, product manufacturer, product packager, delivery 34 | |
| 58 | + | service or transporter; 35 | |
| 59 | + | (5) "Cannabis flower" means the flower, including abnormal and 36 | |
| 60 | + | immature flowers, of a plant of the genus cannabis that has been 37 | |
| 61 | + | harvested, dried and cured, and prior to any processing whereby the 38 | |
| 62 | + | flower material is transformed into a cannabis product. "Cannabis 39 | |
| 63 | + | flower" does not include (A) the leaves or stem of such plant, or (B) 40 | |
| 64 | + | hemp, as defined in section 22-61l; 41 | |
| 65 | + | (6) "Cannabis trim" means all parts, including abnormal or immature 42 | |
| 66 | + | parts, of a plant of the genus cannabis, other than cannabis flower, that 43 | |
| 67 | + | have been harvested, dried and cured, and prior to any processing 44 | |
| 68 | + | whereby the plant material is transformed into a cannabis product. 45 | |
| 69 | + | "Cannabis trim" does not include hemp, as defined in section 22-61l; 46 | |
| 70 | + | (7) "Cannabis product" means cannabis that is in the form of a 47 | |
| 71 | + | cannabis concentrate or a product that contains cannabis, which may be 48 | |
| 72 | + | combined with other ingredients, and is intended for use or 49 Substitute Bill No. 5329 | |
| 65 | 73 | ||
| 66 | - | cannabis concentrate or a product that contains cannabis, which may be | |
| 67 | - | combined with other ingredients, and is intended for use or | |
| 68 | - | consumption. "Cannabis product" does not include the raw cannabis | |
| 69 | - | plant; | |
| 70 | - | (8) "Cannabis concentrate" means any form of concentration, | |
| 71 | - | including, but not limited to, extracts, oils, tinctures, shatter and waxes, | |
| 72 | - | that is extracted from cannabis; | |
| 73 | - | (9) "Cannabis-type substances" have the same meaning as | |
| 74 | - | "marijuana", as defined in section 21a-240; | |
| 75 | - | (10) "Commissioner" means the Commi ssioner of Consumer | |
| 76 | - | Protection and includes any designee of the commissioner; | |
| 77 | - | (11) "Consumer" means an individual who is twenty-one years of age | |
| 78 | - | or older; | |
| 79 | - | (12) "Cultivation" has the same meaning as provided in section 21a- | |
| 80 | - | 408, as amended by this act; | |
| 81 | - | (13) "Cultivator" means a person that is licensed to engage in the | |
| 82 | - | cultivation, growing and propagation of the cannabis plant at an | |
| 83 | - | establishment with not less than fifteen thousand square feet of grow | |
| 84 | - | space; | |
| 85 | - | (14) "Delivery service" means a person that is licensed to deliver | |
| 86 | - | cannabis from (A) micro-cultivators, retailers and hybrid retailers to | |
| 87 | - | consumers and research program subjects, and (B) hybrid retailers and | |
| 88 | - | dispensary facilities to qualifying patients, caregivers and research | |
| 89 | - | program subjects, as defined in section 21a-408, as amended by this act, | |
| 90 | - | or to hospices or other inpatient care facilities licensed by the | |
| 91 | - | Department of Public Health pursuant to chapter 368v that have a | |
| 92 | - | protocol for the handling and distribution of cannabis that has been | |
| 93 | - | approved by the department, or a combination thereof; Substitute House Bill No. 5329 | |
| 94 | 74 | ||
| 95 | - | Public Act No. 22-103 4 of 54 | |
| 75 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 76 | + | R01-HB.docx } | |
| 77 | + | 3 of 27 | |
| 96 | 78 | ||
| 97 | - | (15) "Department" means the Department of Consumer Protection; | |
| 98 | - | (16) "Dispensary facility" means a place of business where cannabis | |
| 99 | - | may be dispensed, sold or distributed in accordance with chapter 420f | |
| 100 | - | and any regulations adopted thereunder, to qualifying patients and | |
| 101 | - | caregivers, and to which the department has issued a dispensary facility | |
| 102 | - | license under chapter 420f and any regulations adopted thereunder; | |
| 103 | - | (17) "Disproportionately impacted area" means a United States | |
| 104 | - | census tract in the state that has, as determined by the Social Equity | |
| 105 | - | Council under section 21a-420d, as amended by this act, (A) a historical | |
| 106 | - | conviction rate for drug-related offenses greater than one-tenth, or (B) | |
| 107 | - | an unemployment rate greater than ten per cent; | |
| 108 | - | (18) "Disqualifying conviction" means a conviction within the last ten | |
| 109 | - | years which has not been the subject of an absolute pardon under the | |
| 110 | - | provisions of section 54-130a, or an equivalent pardon process under the | |
| 111 | - | laws of another state or the federal government, for an offense under (A) | |
| 112 | - | section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-292 or 53a- | |
| 113 | - | 293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) section 53a- | |
| 114 | - | 142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 53a-125c to | |
| 115 | - | 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-129d; (I) | |
| 116 | - | subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if the offense | |
| 117 | - | which is attempted or is an object of the conspiracy is an offense under | |
| 118 | - | the statutes listed in subparagraphs (A) to (I), inclusive, of this | |
| 119 | - | subdivision; or (K) the law of any other state or of the federal | |
| 120 | - | government, if the offense on which such conviction is based is defined | |
| 121 | - | by elements that substantially include the elements of an offense under | |
| 122 | - | the statutes listed in subparagraphs (A) to (J), inclusive, of this | |
| 123 | - | subdivision; | |
| 124 | - | (19) "Dispensary technician" means an individual who has had an | |
| 125 | - | active pharmacy technician or dispensary technician registration in this | |
| 126 | - | state within the past five years, is affiliated with a dispensary facility or Substitute House Bill No. 5329 | |
| 79 | + | consumption. "Cannabis product" does not include the raw cannabis 50 | |
| 80 | + | plant; 51 | |
| 81 | + | (8) "Cannabis concentrate" means any form of concentration, 52 | |
| 82 | + | including, but not limited to, extracts, oils, tinctures, shatter and waxes, 53 | |
| 83 | + | that is extracted from cannabis; 54 | |
| 84 | + | (9) "Cannabis-type substances" have the same meaning as 55 | |
| 85 | + | "marijuana", as defined in section 21a-240; 56 | |
| 86 | + | (10) "Commissioner" means the Commissioner of Consumer 57 | |
| 87 | + | Protection and includes any designee of the commissioner; 58 | |
| 88 | + | (11) "Consumer" means an individual who is twenty-one years of age 59 | |
| 89 | + | or older; 60 | |
| 90 | + | (12) "Cultivation" has the same meaning as provided in section 21a-61 | |
| 91 | + | 408; 62 | |
| 92 | + | (13) "Cultivator" means a person that is licensed to engage in the 63 | |
| 93 | + | cultivation, growing and propagation of the cannabis plant at an 64 | |
| 94 | + | establishment with not less than fifteen thousand square feet of grow 65 | |
| 95 | + | space; 66 | |
| 96 | + | (14) "Delivery service" means a person that is licensed to deliver 67 | |
| 97 | + | cannabis from (A) micro-cultivators, retailers and hybrid retailers to 68 | |
| 98 | + | consumers and research program subjects, and (B) hybrid retailers and 69 | |
| 99 | + | dispensary facilities to qualifying patients, caregivers and research 70 | |
| 100 | + | program subjects, as defined in section 21a-408, or to hospices or other 71 | |
| 101 | + | inpatient care facilities licensed by the Department of Public Health 72 | |
| 102 | + | pursuant to chapter 368v that have a protocol for the handling and 73 | |
| 103 | + | distribution of cannabis that has been approved by the department, or a 74 | |
| 104 | + | combination thereof; 75 | |
| 105 | + | (15) "Department" means the Department of Consumer Protection; 76 | |
| 106 | + | (16) "Dispensary facility" means a place of business where cannabis 77 Substitute Bill No. 5329 | |
| 127 | 107 | ||
| 128 | - | Public Act No. 22-103 5 of 54 | |
| 129 | 108 | ||
| 130 | - | hybrid retailer and is registered with the department in accordance with | |
| 131 | - | chapter 420f and any regulations adopted thereunder; | |
| 132 | - | (20) "Employee" means any person who is not a backer, but is a | |
| 133 | - | member of the board of a company with an ownership interest in a | |
| 134 | - | cannabis establishment, and any person employed by a cannabis | |
| 135 | - | establishment or who otherwise has access to such establishment or the | |
| 136 | - | vehicles used to transport cannabis, including, but not limited to, an | |
| 137 | - | independent contractor who has routine access to the premises of such | |
| 138 | - | establishment or to the cannabis handled by such establishment; | |
| 139 | - | (21) "Equity" and "equitable" means efforts, regulations, policies, | |
| 140 | - | programs, standards, processes and any other functions of government | |
| 141 | - | or principles of law and governance intended to: (A) Identify and | |
| 142 | - | remedy past and present patterns of discrimination and disparities of | |
| 143 | - | race, ethnicity, gender and sexual orientation; (B) ensure that such | |
| 144 | - | patterns of discrimination and disparities, whether intentional or | |
| 145 | - | unintentional, are neither reinforced nor perpetuated; and (C) prevent | |
| 146 | - | the emergence and persistence of foreseeable future patterns of | |
| 147 | - | discrimination or disparities of race, ethnicity, gender, and sexual | |
| 148 | - | orientation; | |
| 149 | - | (22) "Equity joint venture" means a business entity that is at least fifty | |
| 150 | - | per cent owned and controlled by an individual or individuals, or such | |
| 151 | - | applicant is an individual, who meets the criteria of subparagraphs (A) | |
| 152 | - | and (B) of subdivision (48) of this section; | |
| 153 | - | (23) "Extract" means the preparation, compounding, conversion or | |
| 154 | - | processing of cannabis, either directly or indirectly by extraction or | |
| 155 | - | independently by means of chemical synthesis, or by a combination of | |
| 156 | - | extraction and chemical synthesis to produce a cannabis concentrate; | |
| 157 | - | (24) "Financial interest" means any right to, ownership, an investment | |
| 158 | - | or a compensation arrangement with another person, directly, through Substitute House Bill No. 5329 | |
| 109 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 110 | + | R01-HB.docx } | |
| 111 | + | 4 of 27 | |
| 159 | 112 | ||
| 160 | - | Public Act No. 22-103 6 of 54 | |
| 113 | + | may be dispensed, sold or distributed in accordance with chapter 420f 78 | |
| 114 | + | and any regulations adopted thereunder, to qualifying patients and 79 | |
| 115 | + | caregivers, and to which the department has issued a dispensary facility 80 | |
| 116 | + | license under chapter 420f and any regulations adopted thereunder; 81 | |
| 117 | + | (17) "Disproportionately impacted area" means a United States 82 | |
| 118 | + | census tract in the state that has, as determined by the Social Equity 83 | |
| 119 | + | Council under section 21a-420d, as amended by this act, (A) a historical 84 | |
| 120 | + | conviction rate for drug-related offenses greater than one-tenth, or (B) 85 | |
| 121 | + | an unemployment rate greater than ten per cent; 86 | |
| 122 | + | (18) "Disqualifying conviction" means a conviction within the last ten 87 | |
| 123 | + | years which has not been the subject of an absolute pardon under the 88 | |
| 124 | + | provisions of section 54-130a, or an equivalent pardon process under the 89 | |
| 125 | + | laws of another state or the federal government, for an offense under (A) 90 | |
| 126 | + | section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-292 or 53a-91 | |
| 127 | + | 293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) section 53a-92 | |
| 128 | + | 142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 53a-125c to 93 | |
| 129 | + | 53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-129d; (I) 94 | |
| 130 | + | subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if the offense 95 | |
| 131 | + | which is attempted or is an object of the conspiracy is an offense under 96 | |
| 132 | + | the statutes listed in subparagraphs (A) to (I), inclusive, of this 97 | |
| 133 | + | subdivision; or (K) the law of any other state or of the federal 98 | |
| 134 | + | government, if the offense on which such conviction is based is defined 99 | |
| 135 | + | by elements that substantially include the elements of an offense under 100 | |
| 136 | + | the statutes listed in subparagraphs (A) to (J), inclusive, of this 101 | |
| 137 | + | subdivision; 102 | |
| 138 | + | (19) "Dispensary technician" means an individual who has had an 103 | |
| 139 | + | active pharmacy technician or dispensary technician registration in this 104 | |
| 140 | + | state within the past five years, is affiliated with a dispensary facility or 105 | |
| 141 | + | hybrid retailer and is registered with the department in accordance with 106 | |
| 142 | + | chapter 420f and any regulations adopted thereunder; 107 | |
| 143 | + | (20) "Employee" means any person who is not a backer, but is a 108 | |
| 144 | + | member of the board of a company with an ownership interest in a 109 Substitute Bill No. 5329 | |
| 161 | 145 | ||
| 162 | - | business, investment or family. "Financial interest" does not include | |
| 163 | - | ownership of investment securities in a publicly-held corporation that | |
| 164 | - | is traded on a national exchange or over-the-counter market, provided | |
| 165 | - | the investment securities held by such person and such person's spouse, | |
| 166 | - | parent or child, in the aggregate, do not exceed one-half of one per cent | |
| 167 | - | of the total number of shares issued by the corporation; | |
| 168 | - | (25) "Food and beverage manufacturer" means a person that is | |
| 169 | - | licensed to own and operate a place of business that acquires cannabis | |
| 170 | - | and creates food and beverages; | |
| 171 | - | (26) "Grow space" means the portion of a premises owned and | |
| 172 | - | controlled by a producer, cultivator or micro-cultivator that is utilized | |
| 173 | - | for the cultivation, growing or propagation of the cannabis plant, and | |
| 174 | - | contains cannabis plants in an active stage of growth, measured starting | |
| 175 | - | from the outermost wall of the room containing cannabis plants and | |
| 176 | - | continuing around the outside of the room. "Grow space" does not | |
| 177 | - | include space used to cure, process, store harvested cannabis or | |
| 178 | - | manufacture cannabis once the cannabis has been harvested; | |
| 179 | - | (27) "Historical conviction count for drug-related offenses" means, for | |
| 180 | - | a given area, the number of convictions of residents of such area (A) for | |
| 181 | - | violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 21a-279a, | |
| 182 | - | and (B) who were arrested for such violations between January 1, 1982, | |
| 183 | - | and December 31, 2020, inclusive, where such arrest was recorded in | |
| 184 | - | databases maintained by the Department of Emergency Services and | |
| 185 | - | Public Protection; | |
| 186 | - | (28) "Historical conviction rate for drug-related offenses" means, for | |
| 187 | - | a given area, the historical conviction count for drug-related offenses | |
| 188 | - | divided by the population of such area, as determined by the five-year | |
| 189 | - | estimates of the most recent American Community Survey conducted | |
| 190 | - | by the United States Census Bureau; Substitute House Bill No. 5329 | |
| 191 | 146 | ||
| 192 | - | Public Act No. 22-103 7 of 54 | |
| 147 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 148 | + | R01-HB.docx } | |
| 149 | + | 5 of 27 | |
| 193 | 150 | ||
| 194 | - | (29) "Hybrid retailer" means a person that is licensed to purchase | |
| 195 | - | cannabis and sell cannabis and medical marijuana products; | |
| 196 | - | (30) "Key employee" means an employee with the following | |
| 197 | - | management position or an equivalent title within a cannabis | |
| 198 | - | establishment: (A) President or chief officer, who is the top ranking | |
| 199 | - | individual at the cannabis establishment and is responsible for all staff | |
| 200 | - | and overall direction of business operations; (B) financial manager, who | |
| 201 | - | is the individual who reports to the president or chief officer and who is | |
| 202 | - | generally responsible for oversight of the financial operations of the | |
| 203 | - | cannabis establishment, including, but not limited to, revenue | |
| 204 | - | generation, distributions, tax compliance and budget implementation; | |
| 205 | - | or (C) compliance manager, who is the individual who reports to the | |
| 206 | - | president or chief officer and who is generally responsible for ensuring | |
| 207 | - | the cannabis establishment complies with all laws, regulations and | |
| 208 | - | requirements related to the operation of the cannabis establishment; | |
| 209 | - | (31) "Laboratory" means a laboratory located in the state that is | |
| 210 | - | licensed by the department to provide analysis of cannabis that meets | |
| 211 | - | the licensure requirements set forth in section 21a-246, as amended by | |
| 212 | - | this act; | |
| 213 | - | (32) "Laboratory employee" means an individual who is registered as | |
| 214 | - | a laboratory employee pursuant to section 21a-408r; | |
| 215 | - | (33) "Labor peace agreement" means an agreement between a | |
| 216 | - | cannabis establishment and a bona fide labor organization under section | |
| 217 | - | 21a-421d pursuant to which the owners and management of the | |
| 218 | - | cannabis establishment agree not to lock out employees and that | |
| 219 | - | prohibits the bona fide labor organization from engaging in picketing, | |
| 220 | - | work stoppages or boycotts against the cannabis establishment; | |
| 221 | - | (34) "Manufacture" means to add or incorporate cannabis into other | |
| 222 | - | products or ingredients or create a cannabis product; Substitute House Bill No. 5329 | |
| 151 | + | cannabis establishment, and any person employed by a cannabis 110 | |
| 152 | + | establishment or who otherwise has access to such establishment or the 111 | |
| 153 | + | vehicles used to transport cannabis, including, but not limited to, an 112 | |
| 154 | + | independent contractor who has routine access to the premises of such 113 | |
| 155 | + | establishment or to the cannabis handled by such establishment; 114 | |
| 156 | + | (21) "Equity" and "equitable" means efforts, regulations, policies, 115 | |
| 157 | + | programs, standards, processes and any other functions of government 116 | |
| 158 | + | or principles of law and governance intended to: (A) Identify and 117 | |
| 159 | + | remedy past and present patterns of discrimination and disparities of 118 | |
| 160 | + | race, ethnicity, gender and sexual orientation; (B) ensure that such 119 | |
| 161 | + | patterns of discrimination and disparities, whether intentional or 120 | |
| 162 | + | unintentional, are neither reinforced nor perpetuated; and (C) prevent 121 | |
| 163 | + | the emergence and persistence of foreseeable future patterns of 122 | |
| 164 | + | discrimination or disparities of race, ethnicity, gender, and sexual 123 | |
| 165 | + | orientation; 124 | |
| 166 | + | (22) "Equity joint venture" means a business entity that is at least fifty 125 | |
| 167 | + | per cent owned and controlled by an individual or individuals, or such 126 | |
| 168 | + | applicant is an individual, who meets the criteria of subparagraphs (A) 127 | |
| 169 | + | and (B) of subdivision (48) of this section; 128 | |
| 170 | + | (23) "Extract" means the preparation, compounding, conversion or 129 | |
| 171 | + | processing of cannabis, either directly or indirectly by extraction or 130 | |
| 172 | + | independently by means of chemical synthesis, or by a combination of 131 | |
| 173 | + | extraction and chemical synthesis to produce a cannabis concentrate; 132 | |
| 174 | + | (24) "Financial interest" means any right to, ownership, an investment 133 | |
| 175 | + | or a compensation arrangement with another person, directly, through 134 | |
| 176 | + | business, investment or family. "Financial interest" does not include 135 | |
| 177 | + | ownership of investment securities in a publicly-held corporation that 136 | |
| 178 | + | is traded on a national exchange or over-the-counter market, provided 137 | |
| 179 | + | the investment securities held by such person and such person's spouse, 138 | |
| 180 | + | parent or child, in the aggregate, do not exceed one-half of one per cent 139 | |
| 181 | + | of the total number of shares issued by the corporation; 140 Substitute Bill No. 5329 | |
| 223 | 182 | ||
| 224 | - | Public Act No. 22-103 8 of 54 | |
| 225 | 183 | ||
| 226 | - | (35) "Medical marijuana product" means cannabis that may be | |
| 227 | - | exclusively sold to qualifying patients and caregivers by dispensary | |
| 228 | - | facilities and hybrid retailers and which are designated by the | |
| 229 | - | commissioner as reserved for sale to qualifying patients and caregivers | |
| 230 | - | and published on the department's Internet web site; | |
| 231 | - | (36) "Micro-cultivator" means a person licensed to engage in the | |
| 232 | - | cultivation, growing and propagation of the cannabis plant at an | |
| 233 | - | establishment containing not less than two thousand square feet and not | |
| 234 | - | more than ten thousand square feet of grow space, prior to any | |
| 235 | - | expansion authorized by the commissioner; | |
| 236 | - | (37) "Municipality" means any town, city or borough, consolidated | |
| 237 | - | town and city or consolidated town and borough; | |
| 238 | - | (38) "Paraphernalia" means drug paraphernalia, as defined in section | |
| 239 | - | 21a-240; | |
| 240 | - | (39) "Person" means an individual, partnership, limited liability | |
| 241 | - | company, society, association, joint stock company, corporation, estate, | |
| 242 | - | receiver, trustee, assignee, referee or any other legal entity and any other | |
| 243 | - | person acting in a fiduciary or representative capacity, whether | |
| 244 | - | appointed by a court or otherwise, and any combination thereof; | |
| 245 | - | (40) "Producer" means a person that is licensed as a producer | |
| 246 | - | pursuant to section 21a-408i and any regulations adopted thereunder; | |
| 247 | - | (41) "Product manufacturer" means a person that is licensed to obtain | |
| 248 | - | cannabis, extract and manufacture products exclusive to such license | |
| 249 | - | type; | |
| 250 | - | (42) "Product packager" means a person that is licensed to package | |
| 251 | - | and label cannabis; | |
| 252 | - | (43) "Qualifying patient" has the same meaning as provided in section Substitute House Bill No. 5329 | |
| 184 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 185 | + | R01-HB.docx } | |
| 186 | + | 6 of 27 | |
| 253 | 187 | ||
| 254 | - | Public Act No. 22-103 9 of 54 | |
| 188 | + | (25) "Food and beverage manufacturer" means a person that is 141 | |
| 189 | + | licensed to own and operate a place of business that acquires cannabis 142 | |
| 190 | + | and creates food and beverages; 143 | |
| 191 | + | (26) "Grow space" means the portion of a premises owned and 144 | |
| 192 | + | controlled by a producer, cultivator or micro-cultivator that is utilized 145 | |
| 193 | + | for the cultivation, growing or propagation of the cannabis plant, and 146 | |
| 194 | + | contains cannabis plants in an active stage of growth, measured starting 147 | |
| 195 | + | from the outermost wall of the room containing cannabis plants and 148 | |
| 196 | + | continuing around the outside of the room. "Grow space" does not 149 | |
| 197 | + | include space used to cure, process, store harvested cannabis or 150 | |
| 198 | + | manufacture cannabis once the cannabis has been harvested; 151 | |
| 199 | + | (27) "Historical conviction count for drug-related offenses" means, for 152 | |
| 200 | + | a given area, the number of convictions of residents of such area (A) for 153 | |
| 201 | + | violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 21a-279a, 154 | |
| 202 | + | and (B) who were arrested for such violations between January 1, 1982, 155 | |
| 203 | + | and December 31, 2020, inclusive, where such arrest was recorded in 156 | |
| 204 | + | databases maintained by the Department of Emergency Services and 157 | |
| 205 | + | Public Protection; 158 | |
| 206 | + | (28) "Historical conviction rate for drug-related offenses" means, for 159 | |
| 207 | + | a given area, the historical conviction count for drug-related offenses 160 | |
| 208 | + | divided by the population of such area, as determined by the five-year 161 | |
| 209 | + | estimates of the most recent American Community Survey conducted 162 | |
| 210 | + | by the United States Census Bureau; 163 | |
| 211 | + | (29) "Hybrid retailer" means a person that is licensed to purchase 164 | |
| 212 | + | cannabis and sell cannabis and medical marijuana products; 165 | |
| 213 | + | (30) "Key employee" means an employee with the following 166 | |
| 214 | + | management position or an equivalent title within a cannabis 167 | |
| 215 | + | establishment: (A) President or chief officer, who is the top ranking 168 | |
| 216 | + | individual at the cannabis establishment and is responsible for all staff 169 | |
| 217 | + | and overall direction of business operations; (B) financial manager, who 170 | |
| 218 | + | is the individual who reports to the president or chief officer and who is 171 Substitute Bill No. 5329 | |
| 255 | 219 | ||
| 256 | - | 21a-408, as amended by this act; | |
| 257 | - | (44) "Research program" has the same meaning as provided in section | |
| 258 | - | 21a-408, as amended by this act; | |
| 259 | - | (45) "Retailer" means a person, excluding a dispensary facility and | |
| 260 | - | hybrid retailer, that is licensed to purchase cannabis from producers, | |
| 261 | - | cultivators, micro-cultivators, product manufacturers and food and | |
| 262 | - | beverage manufacturers and to sell cannabis to consumers and research | |
| 263 | - | programs; | |
| 264 | - | (46) "Sale" or "sell" has the same meaning as provided in section 21a- | |
| 265 | - | 240; | |
| 266 | - | (47) "Social Equity Council" or "council" means the council | |
| 267 | - | established under section 21a-420d, as amended by this act; | |
| 268 | - | (48) "Social equity applicant" means a person that has applied for a | |
| 269 | - | license for a cannabis establishment, where such applicant is at least | |
| 270 | - | sixty-five per cent owned and controlled by an individual or | |
| 271 | - | individuals, or such applicant is an individual, who: | |
| 272 | - | (A) Had an average household income of less than three hundred per | |
| 273 | - | cent of the state median household income over the three tax years | |
| 274 | - | immediately preceding such individual's application; and | |
| 275 | - | (B) (i) Was a resident of a disproportionately impacted area for not | |
| 276 | - | less than five of the ten years immediately preceding the date of such | |
| 277 | - | application; or | |
| 278 | - | (ii) Was a resident of a disproportionately impacted area for not less | |
| 279 | - | than nine years prior to attaining the age of eighteen; | |
| 280 | - | (49) "THC" has the same meaning as provided in section 21a-240; | |
| 281 | - | (50) "Third-party lottery operator" means a person, or a constituent Substitute House Bill No. 5329 | |
| 282 | 220 | ||
| 283 | - | Public Act No. 22-103 10 of 54 | |
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| 222 | + | R01-HB.docx } | |
| 223 | + | 7 of 27 | |
| 284 | 224 | ||
| 285 | - | unit of the state system of higher education, that conducts lotteries | |
| 286 | - | pursuant to section 21a-420g, identifies the cannabis establishment | |
| 287 | - | license applications for consideration without performing any review of | |
| 288 | - | the applications that are identified for consideration, and that has no | |
| 289 | - | direct or indirect oversight of or investment in a cannabis establishment | |
| 290 | - | or a cannabis establishment applicant; | |
| 291 | - | (51) "Transfer" means to transfer, change, give or otherwise dispose | |
| 292 | - | of control over or interest in; | |
| 293 | - | (52) "Transport" means to physically move from one place to another; | |
| 294 | - | (53) "Transporter" means a person licensed to transport cannabis | |
| 295 | - | between cannabis establishments, laboratories and research programs; | |
| 296 | - | and | |
| 297 | - | (54) "Unemployment rate" means, in a given area, the number of | |
| 298 | - | people sixteen years of age or older who are in the civilian labor force | |
| 299 | - | and unemployed divided by the number of people sixteen years of age | |
| 300 | - | or older who are in the civilian labor force. | |
| 301 | - | Sec. 2. (NEW) (Effective from passage) (a) Notwithstanding any | |
| 302 | - | provision of the general statutes, no person shall gift, sell or transfer | |
| 303 | - | cannabis to another person: (1) To induce, or in exchange for, any | |
| 304 | - | donation for any purpose, including, but not limited to, any charitable | |
| 305 | - | donation or any donation made to gain admission to any event; (2) at | |
| 306 | - | any location, other than a dispensary facility, retailer or hybrid-retailer, | |
| 307 | - | (A) where a consumer may purchase any item other than cannabis, a | |
| 308 | - | cannabis product or services related to cannabis, or (B) that requires | |
| 309 | - | consideration, including, but not limited to, membership in any club, in | |
| 310 | - | order to gain admission to such location; or (3) as part of any giveaway | |
| 311 | - | associated with attendance at any event, including, but not limited to, | |
| 312 | - | any giveaway made by way of a door prize, goodie bag or swag bag. | |
| 313 | - | The provisions of this subsection shall not be construed to prohibit any Substitute House Bill No. 5329 | |
| 225 | + | generally responsible for oversight of the financial operations of the 172 | |
| 226 | + | cannabis establishment, including, but not limited to, revenue 173 | |
| 227 | + | generation, distributions, tax compliance and budget implementation; 174 | |
| 228 | + | or (C) compliance manager, who is the individual who reports to the 175 | |
| 229 | + | president or chief officer and who is generally responsible for ensuring 176 | |
| 230 | + | the cannabis establishment complies with all laws, regulations and 177 | |
| 231 | + | requirements related to the operation of the cannabis establishment; 178 | |
| 232 | + | (31) "Laboratory" means a laboratory located in the state that is 179 | |
| 233 | + | licensed by the department to provide analysis of cannabis that meets 180 | |
| 234 | + | the licensure requirements set forth in section 21a-246; 181 | |
| 235 | + | (32) "Laboratory employee" means an individual who is registered as 182 | |
| 236 | + | a laboratory employee pursuant to section 21a-408r; 183 | |
| 237 | + | (33) "Labor peace agreement" means an agreement between a 184 | |
| 238 | + | cannabis establishment and a bona fide labor organization under section 185 | |
| 239 | + | 21a-421d pursuant to which the owners and management of the 186 | |
| 240 | + | cannabis establishment agree not to lock out employees and that 187 | |
| 241 | + | prohibits the bona fide labor organization from engaging in picketing, 188 | |
| 242 | + | work stoppages or boycotts against the cannabis establishment; 189 | |
| 243 | + | (34) "Manufacture" means to add or incorporate cannabis into other 190 | |
| 244 | + | products or ingredients or create a cannabis product; 191 | |
| 245 | + | (35) "Medical marijuana product" means cannabis that may be 192 | |
| 246 | + | exclusively sold to qualifying patients and caregivers by dispensary 193 | |
| 247 | + | facilities and hybrid retailers and which are designated by the 194 | |
| 248 | + | commissioner as reserved for sale to qualifying patients and caregivers 195 | |
| 249 | + | and published on the department's Internet web site; 196 | |
| 250 | + | (36) "Micro-cultivator" means a person licensed to engage in the 197 | |
| 251 | + | cultivation, growing and propagation of the cannabis plant at an 198 | |
| 252 | + | establishment containing not less than two thousand square feet and not 199 | |
| 253 | + | more than ten thousand square feet of grow space, prior to any 200 | |
| 254 | + | expansion authorized by the commissioner; 201 Substitute Bill No. 5329 | |
| 314 | 255 | ||
| 315 | - | Public Act No. 22-103 11 of 54 | |
| 316 | 256 | ||
| 317 | - | gift of cannabis between individuals with a bona fide social relationship, | |
| 318 | - | provided such gift is made without consideration and is not associated | |
| 319 | - | with any commercial transaction. | |
| 320 | - | (b) Any person who violates the provisions of subsection (a) of this | |
| 321 | - | section shall, in addition to any other penalty provided by law: (1) Be | |
| 322 | - | subject to a fine imposed by a municipality under section 3 of this act; | |
| 323 | - | (2) be fined one thousand dollars per offense, in accordance with the | |
| 324 | - | provisions of section 51-164n of the general statutes, as amended by this | |
| 325 | - | act, by the Commissioner of Emergency Services and Public Protection; | |
| 326 | - | and (3) be subject to an administrative hearing held by the | |
| 327 | - | Commissioner of Revenue Services pursuant to chapter 54 of the general | |
| 328 | - | statutes for failure to pay taxes, which may result in a civil penalty of | |
| 329 | - | not more than one thousand dollars per violation. For the purposes of | |
| 330 | - | this subsection, "per offense" and "per violation" mean either per | |
| 331 | - | transaction or per day the violation continues, as determined by the | |
| 332 | - | Commissioner of Emergency Services and Public Protection for the | |
| 333 | - | purposes of subdivision (2) of this subsection or the Commissioner of | |
| 334 | - | Revenue Services for the purposes of subdivision (3) of this subsection. | |
| 335 | - | Sec. 3. (NEW) (Effective from passage) Any municipality may establish, | |
| 336 | - | by ordinance, a fine for violations of section 2 of this act, provided the | |
| 337 | - | amount of any such fine shall not be greater than one thousand dollars | |
| 338 | - | per violation. Any police officer or other person authorized by the chief | |
| 339 | - | executive officer of the municipality may issue a citation to any person | |
| 340 | - | who commits such a violation. Any municipality that adopts an | |
| 341 | - | ordinance pursuant to this section shall also adopt a citation hearing | |
| 342 | - | procedure pursuant to section 7-152c of the general statutes. Any fine | |
| 343 | - | collected by a municipality pursuant to this section shall be deposited | |
| 344 | - | into the general fund of the municipality or in any special fund | |
| 345 | - | designated by the municipality. | |
| 346 | - | Sec. 4. Subsections (a) and (b) of section 51-164n of the 2022 | |
| 347 | - | supplement to the general statutes are repealed and the following is Substitute House Bill No. 5329 | |
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| 258 | + | R01-HB.docx } | |
| 259 | + | 8 of 27 | |
| 348 | 260 | ||
| 349 | - | Public Act No. 22-103 12 of 54 | |
| 261 | + | (37) "Municipality" means any town, city or borough, consolidated 202 | |
| 262 | + | town and city or consolidated town and borough; 203 | |
| 263 | + | (38) "Paraphernalia" means drug paraphernalia, as defined in section 204 | |
| 264 | + | 21a-240; 205 | |
| 265 | + | (39) "Person" means an individual, partnership, limited liability 206 | |
| 266 | + | company, society, association, joint stock company, corporation, estate, 207 | |
| 267 | + | receiver, trustee, assignee, referee or any other legal entity and any other 208 | |
| 268 | + | person acting in a fiduciary or representative capacity, whether 209 | |
| 269 | + | appointed by a court or otherwise, and any combination thereof; 210 | |
| 270 | + | (40) "Producer" means a person that is licensed as a producer 211 | |
| 271 | + | pursuant to section 21a-408i and any regulations adopted thereunder; 212 | |
| 272 | + | (41) "Product manufacturer" means a person that is licensed to obtain 213 | |
| 273 | + | cannabis, extract and manufacture products exclusive to such license 214 | |
| 274 | + | type; 215 | |
| 275 | + | (42) "Product packager" means a person that is licensed to package 216 | |
| 276 | + | and label cannabis; 217 | |
| 277 | + | (43) "Qualifying patient" has the same meaning as provided in section 218 | |
| 278 | + | 21a-408; 219 | |
| 279 | + | (44) "Research program" has the same meaning as provided in section 220 | |
| 280 | + | 21a-408; 221 | |
| 281 | + | (45) "Retailer" means a person, excluding a dispensary facility and 222 | |
| 282 | + | hybrid retailer, that is licensed to purchase cannabis from producers, 223 | |
| 283 | + | cultivators, micro-cultivators, product manufacturers and food and 224 | |
| 284 | + | beverage manufacturers and to sell cannabis to consumers and research 225 | |
| 285 | + | programs; 226 | |
| 286 | + | (46) "Sale" or "sell" has the same meaning as provided in section 21a-227 | |
| 287 | + | 240; 228 | |
| 288 | + | (47) "Social Equity Council" or "council" means the council 229 Substitute Bill No. 5329 | |
| 350 | 289 | ||
| 351 | - | substituted in lieu thereof (Effective from passage): | |
| 352 | - | (a) There shall be a Centralized Infractions Bureau of the Superior | |
| 353 | - | Court to handle payments or pleas of not guilty with respect to the | |
| 354 | - | commission of an infraction under any provision of the general statutes | |
| 355 | - | or a violation set forth in subsection (b) of this section. Except as | |
| 356 | - | provided in section 51-164o, any person who is alleged to have | |
| 357 | - | committed an infraction or a violation under subsection (b) of this | |
| 358 | - | section may plead not guilty or pay the established fine and any | |
| 359 | - | additional fee or cost for the infraction or such violation. | |
| 360 | - | (b) Notwithstanding any provision of the general statutes, any person | |
| 361 | - | who is alleged to have committed (1) a violation under the provisions of | |
| 362 | - | section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7- | |
| 363 | - | 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10- | |
| 364 | - | 251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) | |
| 365 | - | of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12- | |
| 366 | - | 435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, | |
| 367 | - | 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247, 13a-253 | |
| 368 | - | or 13a-263, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b- | |
| 369 | - | 292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, | |
| 370 | - | subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection | |
| 371 | - | (d) of section 14-12, section 14-20a or 14-27a, subsection (f) of section 14- | |
| 372 | - | 34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, | |
| 373 | - | subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) | |
| 374 | - | of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, | |
| 375 | - | 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first | |
| 376 | - | violation as specified in subsection (f) of section 14-164i, section 14-219 | |
| 377 | - | as specified in subsection (e) of said section, subdivision (1) of section | |
| 378 | - | 14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14- | |
| 379 | - | 261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or | |
| 380 | - | 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14- | |
| 381 | - | 296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or Substitute House Bill No. 5329 | |
| 382 | 290 | ||
| 383 | - | Public Act No. 22-103 13 of 54 | |
| 291 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 292 | + | R01-HB.docx } | |
| 293 | + | 9 of 27 | |
| 384 | 294 | ||
| 385 | - | 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15- | |
| 386 | - | 33, subdivision (1) of section 15-97, subsection (a) of section 15-115, | |
| 387 | - | section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section | |
| 388 | - | 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b- | |
| 389 | - | 131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section | |
| 390 | - | 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a- | |
| 391 | - | 222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a- | |
| 392 | - | 336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20- | |
| 393 | - | 231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, | |
| 394 | - | section 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, | |
| 395 | - | 21-47, 21-48, 21-63, subsection (d) of section 21-71 or section 21-76a, | |
| 396 | - | subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section | |
| 397 | - | 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 | |
| 398 | - | or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 | |
| 399 | - | or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, | |
| 400 | - | subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, | |
| 401 | - | subsection (c), (d) or (e) of section 21a-279a, section 21a-421eee, 21a- | |
| 402 | - | 421fff, 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-30, 22-34, 22- | |
| 403 | - | 35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision | |
| 404 | - | (1) of subsection (n) of section 22-61l, subsection (f) of section 22-61m, | |
| 405 | - | subdivision (1) of subsection (f) of section 22-61m, subsection (d) of | |
| 406 | - | section 22-84, section 22-89, 22-90, 22-96, 22-98, 22-99, 22-100, 22-111o, | |
| 407 | - | 22-167, subsection (c) of section 22-277, section 22-278, 22-279, 22-280a, | |
| 408 | - | 22-318a, 22-320h, 22-324a, 22-326, subsection (b), subdivision (1) or (2) of | |
| 409 | - | subsection (e) or subsection (g) of section 22-344, subdivision (2) of | |
| 410 | - | subsection (b) of section 22-344b, subsection (d) of section 22-344c, | |
| 411 | - | subsection (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22- | |
| 412 | - | 359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection | |
| 413 | - | (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 | |
| 414 | - | or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, | |
| 415 | - | 22a-461, 23-4b, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) | |
| 416 | - | of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of | |
| 417 | - | section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26- Substitute House Bill No. 5329 | |
| 295 | + | established under section 21a-420d, as amended by this act; 230 | |
| 296 | + | (48) "Social equity applicant" means a person that has applied for a 231 | |
| 297 | + | license for a cannabis establishment, where such applicant is at least 232 | |
| 298 | + | sixty-five per cent owned and controlled by an individual or 233 | |
| 299 | + | individuals, or such applicant is an individual, who: 234 | |
| 300 | + | (A) Had an average household income of less than three hundred per 235 | |
| 301 | + | cent of the state median household income over the three tax years 236 | |
| 302 | + | immediately preceding such individual's application; and 237 | |
| 303 | + | (B) (i) Was a resident of a disproportionately impacted area for not 238 | |
| 304 | + | less than five of the ten years immediately preceding the date of such 239 | |
| 305 | + | application; or 240 | |
| 306 | + | (ii) Was a resident of a disproportionately impacted area for not less 241 | |
| 307 | + | than nine years prior to attaining the age of eighteen; 242 | |
| 308 | + | (49) "THC" has the same meaning as provided in section 21a-240; 243 | |
| 309 | + | (50) "Third-party lottery operator" means a person, or a constituent 244 | |
| 310 | + | unit of the state system of higher education, that conducts lotteries 245 | |
| 311 | + | pursuant to section 21a-420g, identifies the cannabis establishment 246 | |
| 312 | + | license applications for consideration without performing any review of 247 | |
| 313 | + | the applications that are identified for consideration, and that has no 248 | |
| 314 | + | direct or indirect oversight of or investment in a cannabis establishment 249 | |
| 315 | + | or a cannabis establishment applicant; 250 | |
| 316 | + | (51) "Transfer" means to transfer, change, give or otherwise dispose 251 | |
| 317 | + | of control over or interest in; 252 | |
| 318 | + | (52) "Transport" means to physically move from one place to another; 253 | |
| 319 | + | (53) "Transporter" means a person licensed to transport cannabis 254 | |
| 320 | + | between cannabis establishments, laboratories and research programs; 255 | |
| 321 | + | and 256 | |
| 322 | + | (54) "Unemployment rate" means, in a given area, the number of 257 Substitute Bill No. 5329 | |
| 418 | 323 | ||
| 419 | - | Public Act No. 22-103 14 of 54 | |
| 420 | 324 | ||
| 421 | - | 40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of | |
| 422 | - | subsection (d) of section 26-61, section 26-64, subdivision (1) of section | |
| 423 | - | 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26- | |
| 424 | - | 105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision | |
| 425 | - | (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, | |
| 426 | - | subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, | |
| 427 | - | 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29- | |
| 428 | - | 6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of | |
| 429 | - | section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29- | |
| 430 | - | 198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, | |
| 431 | - | section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, | |
| 432 | - | 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, | |
| 433 | - | 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or | |
| 434 | - | (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or | |
| 435 | - | 31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of | |
| 436 | - | section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a- | |
| 437 | - | 658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, | |
| 438 | - | 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53- | |
| 439 | - | 249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53- | |
| 440 | - | 323, 53-331 or 53-344, subsection (c) of section 53-344b, [or] section 53- | |
| 441 | - | 450 or section 2 of this act, or (2) a violation under the provisions of | |
| 442 | - | chapter 268, or (3) a violation of any regulation adopted in accordance | |
| 443 | - | with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation | |
| 444 | - | of any ordinance, regulation or bylaw of any town, city or borough, | |
| 445 | - | except violations of building codes and the health code, for which the | |
| 446 | - | penalty exceeds ninety dollars but does not exceed two hundred fifty | |
| 447 | - | dollars, unless such town, city or borough has established a payment | |
| 448 | - | and hearing procedure for such violation pursuant to section 7-152c, | |
| 449 | - | shall follow the procedures set forth in this section. | |
| 450 | - | Sec. 5. (NEW) (Effective from passage) (a) A cultivator licensed under | |
| 451 | - | section 21a-420o of the general statutes may create not more than two | |
| 452 | - | equity joint ventures to be approved by the Social Equity Council under Substitute House Bill No. 5329 | |
| 325 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 326 | + | R01-HB.docx } | |
| 327 | + | 10 of 27 | |
| 453 | 328 | ||
| 454 | - | Public Act No. 22-103 15 of 54 | |
| 329 | + | people sixteen years of age or older who are in the civilian labor force 258 | |
| 330 | + | and unemployed divided by the number of people sixteen years of age 259 | |
| 331 | + | or older who are in the civilian labor force. 260 | |
| 332 | + | Sec. 2. (NEW) (Effective July 1, 2022) (a) Notwithstanding any 261 | |
| 333 | + | provision of the general statutes, no person shall gift, sell or transfer 262 | |
| 334 | + | cannabis to another person: (1) To induce, or in exchange for, any 263 | |
| 335 | + | donation for any purpose, including, but not limited to, any charitable 264 | |
| 336 | + | donation or any donation made to gain admission to any event; (2) at 265 | |
| 337 | + | any location, other than a dispensary facility, retailer or hybrid-retailer, 266 | |
| 338 | + | (A) where a consumer may purchase any item other than cannabis, a 267 | |
| 339 | + | cannabis product or services related to cannabis, or (B) that requires 268 | |
| 340 | + | consideration, including, but not limited to, membership in any club, in 269 | |
| 341 | + | order to gain admission to such location; or (3) as part of any giveaway 270 | |
| 342 | + | associated with attendance at any event, including, but not limited to, 271 | |
| 343 | + | any giveaway made by way of a door prize, goodie bag or swag bag. 272 | |
| 344 | + | The provisions of this subsection shall not be construed to prohibit any 273 | |
| 345 | + | gift of cannabis between individuals with a bona fide social relationship, 274 | |
| 346 | + | provided such gift is made without consideration and is not associated 275 | |
| 347 | + | with any commercial transaction. 276 | |
| 348 | + | (b) Any person who violates the provisions of subsection (a) of this 277 | |
| 349 | + | section shall, in addition to any other penalty provided by law: (1) Be 278 | |
| 350 | + | subject to a fine imposed by a municipality under section 3 of this act; 279 | |
| 351 | + | (2) be fined two thousand five hundred dollars per offense, in 280 | |
| 352 | + | accordance with the provisions of section 51-164n of the general statutes, 281 | |
| 353 | + | as amended by this act, by the Commissioner of Emergency Services and 282 | |
| 354 | + | Public Protection; and (3) be subject to an administrative hearing held 283 | |
| 355 | + | by the Commissioner of Revenue Services pursuant to chapter 54 of the 284 | |
| 356 | + | general statutes for failure to pay taxes, which may result in a civil 285 | |
| 357 | + | penalty of not more than one thousand dollars per violation. For the 286 | |
| 358 | + | purposes of this subsection, "per offense" and "per violation" mean 287 | |
| 359 | + | either per transaction or per day the violation continues, as determined 288 | |
| 360 | + | by the Commissioner of Emergency Services and Public Protection for 289 | |
| 361 | + | the purposes of subdivision (2) of this subsection or the Commissioner 290 Substitute Bill No. 5329 | |
| 455 | 362 | ||
| 456 | - | section 21a-420d of the general statutes, as amended by this act, and | |
| 457 | - | licensed by the department under this section. The equity joint venture | |
| 458 | - | shall be in any cannabis establishment licensed business, other than a | |
| 459 | - | cultivator license. | |
| 460 | - | (b) The equity joint venture applicant shall submit an application to | |
| 461 | - | the Social Equity Council that may include, but need not be limited to, | |
| 462 | - | evidence of business formation, ownership allocation, terms of | |
| 463 | - | ownership and financing and proof of social equity status. The equity | |
| 464 | - | joint venture applicant shall submit to the Social Equity Council | |
| 465 | - | information including, but not limited to, the organizing documents of | |
| 466 | - | the entity that outline the ownership stake of each backer, initial backer | |
| 467 | - | investment and payout information to enable the council to determine | |
| 468 | - | the terms of ownership. | |
| 469 | - | (c) Upon obtaining the written approval of the Social Equity Council | |
| 470 | - | for an equity joint venture, the equity joint venture applicant shall apply | |
| 471 | - | for a license from the department in the same form as required by all | |
| 472 | - | other licensees of the same license type, except that such application | |
| 473 | - | shall not be subject to the lottery. | |
| 474 | - | (d) A cultivator licensed under section 21a-420o of the general | |
| 475 | - | statutes, including the backer of such cultivator, shall not increase its | |
| 476 | - | ownership in an equity joint venture in excess of fifty per cent during | |
| 477 | - | the seven-year period after a license is issued by the department under | |
| 478 | - | this section. | |
| 479 | - | (e) Equity joint ventures that share a common cultivator or cultivator | |
| 480 | - | backer shall not be located within twenty miles of another commonly | |
| 481 | - | owned equity joint venture. | |
| 482 | - | (f) An equity joint venture applicant shall pay fifty per cent of the | |
| 483 | - | amount of any applicable fee specified in subsection (c) of section 21a- | |
| 484 | - | 420e of the general statutes for the first three renewal cycles of the Substitute House Bill No. 5329 | |
| 485 | 363 | ||
| 486 | - | Public Act No. 22-103 16 of 54 | |
| 364 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 365 | + | R01-HB.docx } | |
| 366 | + | 11 of 27 | |
| 487 | 367 | ||
| 488 | - | applicable cannabis establishment license applied for, and shall pay the | |
| 489 | - | full amount of such fee thereafter. | |
| 490 | - | Sec. 6. Section 21a-420m of the 2022 supplement to the general | |
| 491 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 492 | - | (Effective from passage): | |
| 493 | - | (a) In order to pay a reduced license expansion authorization fee as | |
| 494 | - | described in subsection (b) of section 21a-420l, a producer shall commit | |
| 495 | - | to create two equity joint ventures to be approved by the Social Equity | |
| 496 | - | Council under section 21a-420d, as amended by this act, and licensed by | |
| 497 | - | the department under this section. | |
| 498 | - | (b) The equity joint venture shall be in any cannabis establishment | |
| 499 | - | licensed business, other than a cultivator license, provided [the social | |
| 500 | - | equity applicant shall own at least fifty per cent of such business] such | |
| 501 | - | equity joint venture is at least fifty per cent owned and controlled by an | |
| 502 | - | individual or individuals who meet, or the equity joint venture | |
| 503 | - | applicant is an individual who meets, the criteria established in | |
| 504 | - | subparagraphs (A) and (B) of subdivision (48) of section 21a-420, as | |
| 505 | - | amended by this act. | |
| 506 | - | (c) The [producer or social equity applicant of an] equity joint venture | |
| 507 | - | applicant shall submit an application to the Social Equity Council that | |
| 508 | - | may include, but need not be limited to, evidence of business formation, | |
| 509 | - | ownership allocation, terms of ownership and financing and proof of | |
| 510 | - | social equity [applicant involvement] status. The [producer or social | |
| 511 | - | equity applicant of an] equity joint venture applicant shall submit to the | |
| 512 | - | Social Equity Council information including, but not limited to, the | |
| 513 | - | organizing documents of the entity that outline the ownership stake of | |
| 514 | - | each backer, initial backer investment and payout information to enable | |
| 515 | - | the council to determine the terms of ownership. | |
| 516 | - | (d) Upon obtaining the written approval of the Social Equity Council Substitute House Bill No. 5329 | |
| 368 | + | of Revenue Services for the purposes of subdivision (3) of this 291 | |
| 369 | + | subsection. 292 | |
| 370 | + | Sec. 3. (NEW) (Effective July 1, 2022) Any municipality may establish, 293 | |
| 371 | + | by ordinance, a fine for violations of section 2 of this act, provided the 294 | |
| 372 | + | amount of any such fine shall not be greater than two thousand five 295 | |
| 373 | + | hundred dollars per violation. Any police officer or other person 296 | |
| 374 | + | authorized by the chief executive officer of the municipality may issue 297 | |
| 375 | + | a citation to any person who commits such a violation. Any municipality 298 | |
| 376 | + | that adopts an ordinance pursuant to this section shall also adopt a 299 | |
| 377 | + | citation hearing procedure pursuant to section 7-152c of the general 300 | |
| 378 | + | statutes. Any fine collected by a municipality pursuant to this section 301 | |
| 379 | + | shall be deposited into the general fund of the municipality or in any 302 | |
| 380 | + | special fund designated by the municipality. 303 | |
| 381 | + | Sec. 4. Subsections (a) and (b) of section 51-164n of the 2022 304 | |
| 382 | + | supplement to the general statutes are repealed and the following is 305 | |
| 383 | + | substituted in lieu thereof (Effective July 1, 2022): 306 | |
| 384 | + | (a) There shall be a Centralized Infractions Bureau of the Superior 307 | |
| 385 | + | Court to handle payments or pleas of not guilty with respect to the 308 | |
| 386 | + | commission of an infraction under any provision of the general statutes 309 | |
| 387 | + | or a violation set forth in subsection (b) of this section. Except as 310 | |
| 388 | + | provided in section 51-164o, any person who is alleged to have 311 | |
| 389 | + | committed an infraction or a violation under subsection (b) of this 312 | |
| 390 | + | section may plead not guilty or pay the established fine and any 313 | |
| 391 | + | additional fee or cost for the infraction or such violation. 314 | |
| 392 | + | (b) Notwithstanding any provision of the general statutes, any person 315 | |
| 393 | + | who is alleged to have committed (1) a violation under the provisions of 316 | |
| 394 | + | 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 | |
| 395 | + | 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-318 | |
| 396 | + | 251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 319 | |
| 397 | + | of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-320 | |
| 398 | + | 435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 321 | |
| 399 | + | 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247, 13a-253 322 Substitute Bill No. 5329 | |
| 517 | 400 | ||
| 518 | - | Public Act No. 22-103 17 of 54 | |
| 519 | 401 | ||
| 520 | - | for an equity joint venture, [the producer or social equity applicant of] | |
| 521 | - | the equity joint venture applicant shall apply for a license from the | |
| 522 | - | department in the same form as required by all other licensees of the | |
| 523 | - | same license type, except that such application shall not be subject to the | |
| 524 | - | lottery. | |
| 525 | - | (e) A producer, including the backer of such producer, shall not | |
| 526 | - | increase its ownership in an equity joint venture in excess of fifty per | |
| 527 | - | cent during the seven-year period after a license is issued by the | |
| 528 | - | department under this section. | |
| 529 | - | (f) Equity joint ventures that share a common producer or producer | |
| 530 | - | backer and that are retailers or hybrid retailers shall not be located | |
| 531 | - | within twenty miles of another commonly owned equity joint venture. | |
| 532 | - | (g) If a producer [had] has paid a reduced conversion fee, as | |
| 533 | - | described in subsection (b) of section 21a-420l, and subsequently did not | |
| 534 | - | create two equity joint ventures under this section that, not later than | |
| 535 | - | fourteen months after the Department of Consumer Protection | |
| 536 | - | approved the producer's license expansion application under section | |
| 537 | - | 21a-420l, each received a final license from the department, the producer | |
| 538 | - | shall be liable for the full conversion fee of three million dollars | |
| 539 | - | established in section 21a-420l minus such paid reduced conversion fee. | |
| 540 | - | (h) No producer that receives license expansion authorization under | |
| 541 | - | section 21a-420l shall create more than two equity joint ventures. No | |
| 542 | - | such producer shall apply for, or create, any additional equity joint | |
| 543 | - | venture if, on the effective date of this section, such producer has created | |
| 544 | - | at least two equity joint ventures that have each received a provisional | |
| 545 | - | license. | |
| 546 | - | (i) An equity joint venture applicant shall pay fifty per cent of the | |
| 547 | - | amount of any applicable fee specified in subsection (c) of section 21a- | |
| 548 | - | 420e for the first three renewal cycles of the applicable cannabis Substitute House Bill No. 5329 | |
| 402 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 403 | + | R01-HB.docx } | |
| 404 | + | 12 of 27 | |
| 549 | 405 | ||
| 550 | - | Public Act No. 22-103 18 of 54 | |
| 406 | + | or 13a-263, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-323 | |
| 407 | + | 292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, 324 | |
| 408 | + | subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection 325 | |
| 409 | + | (d) of section 14-12, section 14-20a or 14-27a, subsection (f) of section 14-326 | |
| 410 | + | 34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 327 | |
| 411 | + | subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 328 | |
| 412 | + | of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 329 | |
| 413 | + | 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 330 | |
| 414 | + | violation as specified in subsection (f) of section 14-164i, section 14-219 331 | |
| 415 | + | as specified in subsection (e) of said section, subdivision (1) of section 332 | |
| 416 | + | 14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-333 | |
| 417 | + | 261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 334 | |
| 418 | + | 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-335 | |
| 419 | + | 296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 336 | |
| 420 | + | 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-337 | |
| 421 | + | 33, subdivision (1) of section 15-97, subsection (a) of section 15-115, 338 | |
| 422 | + | section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 339 | |
| 423 | + | 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-340 | |
| 424 | + | 131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 341 | |
| 425 | + | 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-342 | |
| 426 | + | 222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-343 | |
| 427 | + | 336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-344 | |
| 428 | + | 231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 345 | |
| 429 | + | section 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 346 | |
| 430 | + | 21-47, 21-48, 21-63, subsection (d) of section 21-71 or section 21-76a, 347 | |
| 431 | + | subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 348 | |
| 432 | + | 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 349 | |
| 433 | + | or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 350 | |
| 434 | + | or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, 351 | |
| 435 | + | subdivision (1) of subsection (a) of section 21a-159, section 21a-278b, 352 | |
| 436 | + | subsection (c), (d) or (e) of section 21a-279a, section 21a-421eee, 21a-353 | |
| 437 | + | 421fff, 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-30, 22-34, 22-354 | |
| 438 | + | 35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision 355 | |
| 439 | + | (1) of subsection (n) of section 22-61l, subsection (f) of section 22-61m, 356 | |
| 440 | + | subdivision (1) of subsection (f) of section 22-61m, subsection (d) of 357 Substitute Bill No. 5329 | |
| 551 | 441 | ||
| 552 | - | establishment license applied for, and shall pay the full amount of such | |
| 553 | - | fee thereafter. | |
| 554 | - | Sec. 7. Section 21a-420u of the 2022 supplement to the general statutes | |
| 555 | - | is repealed and the following is substituted in lieu thereof (Effective from | |
| 556 | - | passage): | |
| 557 | - | (a) In order for a dispensary facility to convert its license to a hybrid- | |
| 558 | - | retailer license, a dispensary facility shall have a workforce | |
| 559 | - | development plan that has been approved by the Social Equity Council | |
| 560 | - | under section 21a-420d, as amended by this act, and shall either pay the | |
| 561 | - | fee of one million dollars established in section 21a-420e or, if such | |
| 562 | - | dispensary facility has committed to create one equity joint venture to | |
| 563 | - | be approved by the Social Equity Council for ownership purposes under | |
| 564 | - | section 21a-420d, as amended by this act, and subsequent to obtaining | |
| 565 | - | such approval, approved by the department for licensure under this | |
| 566 | - | section, pay a reduced fee of five hundred thousand dollars. | |
| 567 | - | (b) Any equity joint venture created under this section shall be | |
| 568 | - | created for the development of a cannabis establishment, [business with | |
| 569 | - | a social equity applicant that owns at least fifty per cent of such business | |
| 570 | - | and where the dispensary facility owns at most fifty per cent of such | |
| 571 | - | business] other than a cultivator, provided such equity joint venture is | |
| 572 | - | at least fifty per cent owned and controlled by an individual or | |
| 573 | - | individuals who meet, or the equity joint venture applicant is an | |
| 574 | - | individual who meets, the criteria established in subparagraphs (A) and | |
| 575 | - | (B) of subdivision (48) of section 21a-420, as amended by this act. | |
| 576 | - | (c) An equity joint venture applicant shall submit an application to | |
| 577 | - | the Social Equity Council that may include, but need not be limited to, | |
| 578 | - | evidence of business formation, ownership allocation, terms of | |
| 579 | - | ownership and financing and proof of social equity [applicant | |
| 580 | - | involvement. The dispensary facility or social equity applicant of an | |
| 581 | - | equity joint venture shall submit an application to the Social Equity Substitute House Bill No. 5329 | |
| 582 | 442 | ||
| 583 | - | Public Act No. 22-103 19 of 54 | |
| 443 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 444 | + | R01-HB.docx } | |
| 445 | + | 13 of 27 | |
| 584 | 446 | ||
| 585 | - | Council that may include, but need not be limited to, evidence of | |
| 586 | - | business formation, ownership allocation, terms of ownership and | |
| 587 | - | financing and proof of social equity applicant involvement. The | |
| 588 | - | dispensary facility or social equity applicant of an] status. The equity | |
| 589 | - | joint venture applicant shall submit to the Social Equity Council | |
| 590 | - | information including, but not limited to, the organizing documents of | |
| 591 | - | the entity that outline the ownership stake of each backer, initial backer | |
| 592 | - | investment and payout information to enable the council to determine | |
| 593 | - | the terms of ownership. | |
| 594 | - | (d) Upon receipt of written approval of the equity joint venture by | |
| 595 | - | the Social Equity Council, [the dispensary facility or social equity | |
| 596 | - | applicant of] the equity joint venture applicant shall apply for a license | |
| 597 | - | from the department in the same form as required by all other licensees | |
| 598 | - | of the same license type and subject to the same fees as required by all | |
| 599 | - | other licensees of the same license type. | |
| 600 | - | (e) A dispensary facility, including the backers of such dispensary | |
| 601 | - | facility, shall not increase its ownership in an equity joint venture in | |
| 602 | - | excess of fifty per cent during the seven-year period after a license is | |
| 603 | - | issued by the department under this section. | |
| 604 | - | (f) Equity joint ventures that are retailers or hybrid retailers that share | |
| 605 | - | a common dispensary facility or dispensary facility backer owner shall | |
| 606 | - | not be located within twenty miles of another commonly owned equity | |
| 607 | - | joint venture. | |
| 608 | - | (g) If a dispensary facility has paid the reduced conversion fee, in | |
| 609 | - | accordance with subsection (a) of this section, and did not subsequently | |
| 610 | - | create one equity joint venture under this section [, the] that, not later | |
| 611 | - | than fourteen months after the Department of Consumer Protection | |
| 612 | - | approved the dispensary facility's license conversion application under | |
| 613 | - | section 21a-420t, receives a final license from the department, the | |
| 614 | - | dispensary facility shall be liable for the full conversion fee of one Substitute House Bill No. 5329 | |
| 447 | + | section 22-84, section 22-89, 22-90, 22-96, 22-98, 22-99, 22-100, 22-111o, 358 | |
| 448 | + | 22-167, subsection (c) of section 22-277, section 22-278, 22-279, 22-280a, 359 | |
| 449 | + | 22-318a, 22-320h, 22-324a, 22-326, subsection (b), subdivision (1) or (2) of 360 | |
| 450 | + | subsection (e) or subsection (g) of section 22-344, subdivision (2) of 361 | |
| 451 | + | subsection (b) of section 22-344b, subsection (d) of section 22-344c, 362 | |
| 452 | + | subsection (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22-363 | |
| 453 | + | 359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection 364 | |
| 454 | + | (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 365 | |
| 455 | + | or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 366 | |
| 456 | + | 22a-461, 23-4b, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) 367 | |
| 457 | + | of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of 368 | |
| 458 | + | section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-369 | |
| 459 | + | 40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of 370 | |
| 460 | + | subsection (d) of section 26-61, section 26-64, subdivision (1) of section 371 | |
| 461 | + | 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-372 | |
| 462 | + | 105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision 373 | |
| 463 | + | (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, 374 | |
| 464 | + | subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, 375 | |
| 465 | + | 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-376 | |
| 466 | + | 6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of 377 | |
| 467 | + | section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29-378 | |
| 468 | + | 198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, 379 | |
| 469 | + | section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 380 | |
| 470 | + | 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 381 | |
| 471 | + | 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or 382 | |
| 472 | + | (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 383 | |
| 473 | + | 31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of 384 | |
| 474 | + | section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-385 | |
| 475 | + | 658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 386 | |
| 476 | + | 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-387 | |
| 477 | + | 249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-388 | |
| 478 | + | 323, 53-331 or 53-344, subsection (c) of section 53-344b, [or] section 53-389 | |
| 479 | + | 450 or section 2 of this act, or (2) a violation under the provisions of 390 | |
| 480 | + | chapter 268, or (3) a violation of any regulation adopted in accordance 391 | |
| 481 | + | with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation 392 Substitute Bill No. 5329 | |
| 615 | 482 | ||
| 616 | - | Public Act No. 22-103 20 of 54 | |
| 617 | 483 | ||
| 618 | - | million dollars [,] established [under] in section 21a-420e minus such | |
| 619 | - | paid reduced conversion fee. | |
| 620 | - | (h) No dispensary facility that receives approval to convert the | |
| 621 | - | dispensary facility's license to a hybrid-retailer license under section | |
| 622 | - | 21a-420t shall create more than two equity joint ventures. No such | |
| 623 | - | dispensary facility shall apply for, or create, any additional equity joint | |
| 624 | - | venture if, on the effective date of this section, such dispensary facility | |
| 625 | - | has created at least two equity joint ventures that have each received a | |
| 626 | - | provisional license. | |
| 627 | - | (i) An equity joint venture applicant shall pay fifty per cent of the | |
| 628 | - | amount of any applicable fee specified in subsection (c) of section 21a- | |
| 629 | - | 420e for the first three renewal cycles of the applicable cannabis | |
| 630 | - | establishment license applied for, and shall pay the full amount of such | |
| 631 | - | fee thereafter. | |
| 632 | - | Sec. 8. Section 21a-421bb of the 2022 supplement to the general | |
| 633 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 634 | - | (Effective from passage): | |
| 635 | - | (a) No person other than the holder of a cannabis establishment | |
| 636 | - | license issued by this state shall advertise any cannabis or services | |
| 637 | - | related to cannabis in this state. | |
| 638 | - | [(a) Cannabis] (b) Except as provided in subsection (d) of this section, | |
| 639 | - | cannabis establishments [and any person advertising any cannabis or | |
| 640 | - | services related to cannabis] shall not: | |
| 641 | - | (1) Advertise, including, but not limited to, through a business name | |
| 642 | - | or logo, cannabis, cannabis paraphernalia or goods or services related to | |
| 643 | - | cannabis: [in] | |
| 644 | - | (A) In ways that target or are designed to appeal to individuals under | |
| 645 | - | twenty-one years of age, including, but not limited to, spokespersons or Substitute House Bill No. 5329 | |
| 484 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 485 | + | R01-HB.docx } | |
| 486 | + | 14 of 27 | |
| 646 | 487 | ||
| 647 | - | Public Act No. 22-103 21 of 54 | |
| 488 | + | of any ordinance, regulation or bylaw of any town, city or borough, 393 | |
| 489 | + | except violations of building codes and the health code, for which the 394 | |
| 490 | + | penalty exceeds ninety dollars but does not exceed two hundred fifty 395 | |
| 491 | + | dollars, unless such town, city or borough has established a payment 396 | |
| 492 | + | and hearing procedure for such violation pursuant to section 7-152c, 397 | |
| 493 | + | shall follow the procedures set forth in this section. 398 | |
| 494 | + | Sec. 5. (NEW) (Effective from passage) (a) A cultivator licensed under 399 | |
| 495 | + | section 21a-420o of the general statutes may create not more than two 400 | |
| 496 | + | equity joint ventures to be approved by the Social Equity Council under 401 | |
| 497 | + | section 21a-420d of the general statutes, as amended by this act, and 402 | |
| 498 | + | licensed by the department under this section. The equity joint venture 403 | |
| 499 | + | shall be in any cannabis establishment licensed business, other than a 404 | |
| 500 | + | cultivator license. 405 | |
| 501 | + | (b) The equity joint venture applicant shall submit an application to 406 | |
| 502 | + | the Social Equity Council that may include, but need not be limited to, 407 | |
| 503 | + | evidence of business formation, ownership allocation, terms of 408 | |
| 504 | + | ownership and financing and proof of social equity status. The equity 409 | |
| 505 | + | joint venture applicant shall submit to the Social Equity Council 410 | |
| 506 | + | information including, but not limited to, the organizing documents of 411 | |
| 507 | + | the entity that outline the ownership stake of each backer, initial backer 412 | |
| 508 | + | investment and payout information to enable the council to determine 413 | |
| 509 | + | the terms of ownership. 414 | |
| 510 | + | (c) Upon obtaining the written approval of the Social Equity Council 415 | |
| 511 | + | for an equity joint venture, the equity joint venture applicant shall apply 416 | |
| 512 | + | for a license from the department in the same form as required by all 417 | |
| 513 | + | other licensees of the same license type, except that such application 418 | |
| 514 | + | shall not be subject to the lottery. 419 | |
| 515 | + | (d) A cultivator licensed under section 21a-420o of the general 420 | |
| 516 | + | statutes, including the backer of such cultivator, shall not increase its 421 | |
| 517 | + | ownership in an equity joint venture in excess of fifty per cent during 422 | |
| 518 | + | the seven-year period after a license is issued by the department under 423 | |
| 519 | + | this section. 424 Substitute Bill No. 5329 | |
| 648 | 520 | ||
| 649 | - | celebrities who appeal to individuals under the legal age to purchase | |
| 650 | - | cannabis or cannabis products, depictions of a person under twenty-five | |
| 651 | - | years of age consuming cannabis, or, the inclusion of objects, such as | |
| 652 | - | toys, characters or cartoon characters, suggesting the presence of a | |
| 653 | - | person under twenty-one years of age, or any other depiction designed | |
| 654 | - | in any manner to be appealing to a person under twenty-one years of | |
| 655 | - | age; or | |
| 656 | - | (B) By using any image, or any other visual representation, of the | |
| 657 | - | cannabis plant or any part of the cannabis plant, including, but not | |
| 658 | - | limited to, the leaf of the cannabis plant; | |
| 659 | - | (2) Engage in any advertising by means of an electronic or | |
| 660 | - | illuminated billboard between the hours of six o'clock a.m. and eleven | |
| 661 | - | o'clock p.m.; | |
| 662 | - | [(2)] (3) Engage in advertising by means of any television, radio, | |
| 663 | - | Internet, mobile [applications] application, social media [,] or other | |
| 664 | - | electronic communication, billboard or other outdoor signage, or print | |
| 665 | - | publication unless the [advertiser] cannabis establishment has reliable | |
| 666 | - | evidence that at least ninety per cent of the audience for the | |
| 667 | - | advertisement is reasonably expected to be twenty-one years of age or | |
| 668 | - | older; | |
| 669 | - | [(3)] (4) Engage in advertising or marketing directed toward location- | |
| 670 | - | based devices, including, but not limited to, cellular phones, unless the | |
| 671 | - | marketing is a mobile device application installed on the device by the | |
| 672 | - | owner of the device who is twenty-one years of age or older and | |
| 673 | - | includes a permanent and easy opt-out feature and warnings that the | |
| 674 | - | use of cannabis is restricted to persons twenty-one years of age or older; | |
| 675 | - | [(4)] (5) Advertise cannabis or cannabis products in a manner | |
| 676 | - | claiming or implying, or permit any employee of the cannabis | |
| 677 | - | establishment to claim or imply, that such products have curative or Substitute House Bill No. 5329 | |
| 678 | 521 | ||
| 679 | - | Public Act No. 22-103 22 of 54 | |
| 522 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 523 | + | R01-HB.docx } | |
| 524 | + | 15 of 27 | |
| 680 | 525 | ||
| 681 | - | therapeutic effects, or that any other medical claim is true, or allow any | |
| 682 | - | employee to promote cannabis for a wellness purpose unless such | |
| 683 | - | claims are substantiated as set forth in regulations adopted under | |
| 684 | - | chapter 420f or verbally conveyed by a licensed pharmacist or other | |
| 685 | - | licensed medical practitioner in the course of business in, or while | |
| 686 | - | representing, a hybrid retail or dispensary facility; | |
| 687 | - | [(5)] (6) Sponsor charitable, sports, musical, artistic, cultural, social or | |
| 688 | - | other similar events or advertising at, or in connection with, such an | |
| 689 | - | event unless the [sponsor or advertiser] cannabis establishment has | |
| 690 | - | reliable evidence that (A) not more than ten per cent of the in-person | |
| 691 | - | audience at the event is reasonably expected to be under the legal age to | |
| 692 | - | purchase cannabis or cannabis products, and (B) not more than ten per | |
| 693 | - | cent of the audience that will watch, listen or participate in the event is | |
| 694 | - | expected to be under the legal age to purchase cannabis products; | |
| 695 | - | [(6)] (7) Advertise cannabis, cannabis products or cannabis | |
| 696 | - | paraphernalia in any physical form visible to the public within one | |
| 697 | - | thousand five hundred feet of an elementary or secondary school | |
| 698 | - | ground or a house of worship, recreation center or facility, child care | |
| 699 | - | center, playground, public park or library; | |
| 700 | - | [(7)] (8) Cultivate cannabis or manufacture cannabis products for | |
| 701 | - | distribution outside of this state in violation of federal law, advertise in | |
| 702 | - | any way that encourages the transportation of cannabis across state lines | |
| 703 | - | or otherwise encourages illegal activity; | |
| 704 | - | [(8)] (9) Except for dispensary facilities and hybrid retailers, exhibit | |
| 705 | - | within or upon the outside of the facility used in the operation of a | |
| 706 | - | cannabis establishment, or include in any advertisement, the word | |
| 707 | - | "dispensary" or any variation of such term or any other words, displays | |
| 708 | - | or symbols indicating that such store, shop or place of business is a | |
| 709 | - | dispensary; Substitute House Bill No. 5329 | |
| 526 | + | (e) Equity joint ventures that share a common cultivator or cultivator 425 | |
| 527 | + | backer shall not be located within twenty miles of another commonly 426 | |
| 528 | + | owned equity joint venture. 427 | |
| 529 | + | (f) An equity joint venture applicant shall pay fifty per cent of the 428 | |
| 530 | + | amount of any applicable fee specified in subsection (c) of section 21a-429 | |
| 531 | + | 420e of the general statutes for the first three renewal cycles of the 430 | |
| 532 | + | applicable cannabis establishment license applied for, and shall pay the 431 | |
| 533 | + | full amount of such fee thereafter. 432 | |
| 534 | + | Sec. 6. Section 21a-420m of the 2022 supplement to the general 433 | |
| 535 | + | statutes is repealed and the following is substituted in lieu thereof 434 | |
| 536 | + | (Effective from passage): 435 | |
| 537 | + | (a) In order to pay a reduced license expansion authorization fee as 436 | |
| 538 | + | described in subsection (b) of section 21a-420l, a producer shall commit 437 | |
| 539 | + | to create two equity joint ventures to be approved by the Social Equity 438 | |
| 540 | + | Council under section 21a-420d, as amended by this act, and licensed by 439 | |
| 541 | + | the department under this section. 440 | |
| 542 | + | (b) The equity joint venture shall be in any cannabis establishment 441 | |
| 543 | + | licensed business, other than a cultivator license, provided [the social 442 | |
| 544 | + | equity applicant shall own at least fifty per cent of such business] such 443 | |
| 545 | + | equity joint venture is at least fifty per cent owned and controlled by an 444 | |
| 546 | + | individual or individuals who meet, or the equity joint venture 445 | |
| 547 | + | applicant is an individual who meets, the criteria established in 446 | |
| 548 | + | subparagraphs (A) and (B) of subdivision (48) of section 21a-420, as 447 | |
| 549 | + | amended by this act. 448 | |
| 550 | + | (c) The [producer or social equity applicant of an] equity joint venture 449 | |
| 551 | + | applicant shall submit an application to the Social Equity Council that 450 | |
| 552 | + | may include, but need not be limited to, evidence of business formation, 451 | |
| 553 | + | ownership allocation, terms of ownership and financing and proof of 452 | |
| 554 | + | social equity [applicant involvement] status. The [producer or social 453 | |
| 555 | + | equity applicant of an] equity joint venture applicant shall submit to the 454 | |
| 556 | + | Social Equity Council information including, but not limited to, the 455 Substitute Bill No. 5329 | |
| 710 | 557 | ||
| 711 | - | Public Act No. 22-103 23 of 54 | |
| 712 | 558 | ||
| 713 | - | [(9)] (10) Exhibit within or upon the outside of the premises subject to | |
| 714 | - | the cannabis establishment license, or include in any advertisement the | |
| 715 | - | words "drug store", "pharmacy", "apothecary", "drug", "drugs" or | |
| 716 | - | "medicine shop" or any combination of such terms or any other words, | |
| 717 | - | displays or symbols indicating that such store, shop or place of business | |
| 718 | - | is a pharmacy; | |
| 719 | - | [(10)] (11) Advertise on or in public or private vehicles or at bus stops, | |
| 720 | - | taxi stands, transportation waiting areas, train stations, airports or other | |
| 721 | - | similar transportation venues including, but not limited to, vinyl- | |
| 722 | - | wrapped vehicles or signs or logos on transportation vehicles not | |
| 723 | - | owned by a cannabis establishment; | |
| 724 | - | [(11)] (12) Display cannabis, [or] cannabis products or any image, or | |
| 725 | - | any other visual representation, of the cannabis plant or any part of the | |
| 726 | - | cannabis plant, including, but not limited to, the leaf of the cannabis | |
| 727 | - | plant, so as to be clearly visible to a person from the exterior of the | |
| 728 | - | facility used in the operation of a cannabis establishment, or display | |
| 729 | - | signs or other printed material advertising any brand or any kind of | |
| 730 | - | cannabis or cannabis product, or including any image, or any other | |
| 731 | - | visual representation, of the cannabis plant or any part of the cannabis | |
| 732 | - | plant, including, but not limited to, the leaf of the cannabis plant, on the | |
| 733 | - | exterior of any facility used in the operation of a cannabis establishment; | |
| 734 | - | [(12)] (13) Utilize radio or loudspeaker, in a vehicle or in or outside of | |
| 735 | - | a facility used in the operation of a cannabis establishment, for the | |
| 736 | - | purposes of advertising the sale of cannabis or cannabis products; or | |
| 737 | - | [(13)] (14) Operate any web site advertising or depicting cannabis, | |
| 738 | - | cannabis products or cannabis paraphernalia unless such web site | |
| 739 | - | verifies that the entrants or users are twenty-one years of age or older. | |
| 740 | - | [(b) Any] (c) Except as provided in subsection (d) of this section, any | |
| 741 | - | advertisements from a cannabis establishment shall contain the Substitute House Bill No. 5329 | |
| 559 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 560 | + | R01-HB.docx } | |
| 561 | + | 16 of 27 | |
| 742 | 562 | ||
| 743 | - | Public Act No. 22-103 24 of 54 | |
| 563 | + | organizing documents of the entity that outline the ownership stake of 456 | |
| 564 | + | each backer, initial backer investment and payout information to enable 457 | |
| 565 | + | the council to determine the terms of ownership. 458 | |
| 566 | + | (d) Upon obtaining the written approval of the Social Equity Council 459 | |
| 567 | + | for an equity joint venture, [the producer or social equity applicant of] 460 | |
| 568 | + | the equity joint venture applicant shall apply for a license from the 461 | |
| 569 | + | department in the same form as required by all other licensees of the 462 | |
| 570 | + | same license type, except that such application shall not be subject to the 463 | |
| 571 | + | lottery. 464 | |
| 572 | + | (e) A producer, including the backer of such producer, shall not 465 | |
| 573 | + | increase its ownership in an equity joint venture in excess of fifty per 466 | |
| 574 | + | cent during the seven-year period after a license is issued by the 467 | |
| 575 | + | department under this section. 468 | |
| 576 | + | (f) Equity joint ventures that share a common producer or producer 469 | |
| 577 | + | backer and that are retailers or hybrid retailers shall not be located 470 | |
| 578 | + | within twenty miles of another commonly owned equity joint venture. 471 | |
| 579 | + | (g) If a producer [had] has paid a reduced conversion fee, as 472 | |
| 580 | + | described in subsection (b) of section 21a-420l, and subsequently did not 473 | |
| 581 | + | create two equity joint ventures under this section that, not later than 474 | |
| 582 | + | fourteen months after the Department of Consumer Protection 475 | |
| 583 | + | approved the producer's license expansion application under section 476 | |
| 584 | + | 21a-420l, each received a final license from the department, the producer 477 | |
| 585 | + | shall be liable for the full conversion fee of three million dollars 478 | |
| 586 | + | established in section 21a-420l minus such paid reduced conversion fee. 479 | |
| 587 | + | (h) No producer that receives license expansion authorization under 480 | |
| 588 | + | section 21a-420l shall create more than two equity joint ventures. No 481 | |
| 589 | + | such producer shall apply for, or create, any additional equity joint 482 | |
| 590 | + | venture if, on the effective date of this section, such producer has created 483 | |
| 591 | + | at least two equity joint ventures that have each received a provisional 484 | |
| 592 | + | license. 485 | |
| 593 | + | (i) An equity joint venture applicant shall pay fifty per cent of the 486 Substitute Bill No. 5329 | |
| 744 | 594 | ||
| 745 | - | following warning: "Do not use cannabis if you are under twenty-one | |
| 746 | - | years of age. Keep cannabis out of the reach of children." In a print or | |
| 747 | - | visual medium, such warning shall be conspicuous, easily legible and | |
| 748 | - | shall take up not less than ten per cent of the advertisement space. In an | |
| 749 | - | audio medium, such warning shall be at the same speed as the rest of | |
| 750 | - | the advertisement and be easily intelligible. | |
| 751 | - | (d) Any outdoor signage, including, but not limited to, any | |
| 752 | - | monument sign, pylon sign or wayfinding sign, shall be deemed to | |
| 753 | - | satisfy the audience requirement established in subdivision (3) of | |
| 754 | - | subsection (b) of this section, and shall not be required to contain the | |
| 755 | - | warning required under subsection (c) of this section, if such outdoor | |
| 756 | - | signage: | |
| 757 | - | (1) Contains only the name and logo of the cannabis establishment; | |
| 758 | - | (2) Does not include any image, or any other visual representation, of | |
| 759 | - | the cannabis plant or any part of the cannabis plant, including, but not | |
| 760 | - | limited to, the leaf of the cannabis plant; | |
| 761 | - | (3) Is comprised of not more than three colors; and | |
| 762 | - | (4) Is located: | |
| 763 | - | (A) On the cannabis establishment's premises, regardless of whether | |
| 764 | - | such cannabis establishment leases or owns such premises; or | |
| 765 | - | (B) On any commercial property occupied by multiple tenants | |
| 766 | - | including such cannabis establishment. | |
| 767 | - | [(c)] (e) The department shall not register, and may require revision | |
| 768 | - | of, any submitted or registered cannabis brand name that: | |
| 769 | - | (1) Is identical to, or confusingly similar to, the name of an existing | |
| 770 | - | non-cannabis product; Substitute House Bill No. 5329 | |
| 771 | 595 | ||
| 772 | - | Public Act No. 22-103 25 of 54 | |
| 596 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 597 | + | R01-HB.docx } | |
| 598 | + | 17 of 27 | |
| 773 | 599 | ||
| 774 | - | (2) Is identical to, or confusingly similar to, the name of an unlawful | |
| 775 | - | product or substance; | |
| 776 | - | (3) Is confusingly similar to the name of a previously approved | |
| 777 | - | cannabis brand name; | |
| 778 | - | (4) Is obscene or indecent; and | |
| 779 | - | (5) Is customarily associated with persons under the age of twenty- | |
| 780 | - | one. | |
| 781 | - | [(d)] (f) A violation of the provisions of [subsection (a) or (b)] | |
| 782 | - | subsections (a) to (c), inclusive, of this section shall be deemed to be an | |
| 783 | - | unfair or deceptive trade practice under subsection (a) of section 42- | |
| 784 | - | 110b. | |
| 785 | - | Sec. 9. Section 21a-422f of the 2022 supplement to the general statutes | |
| 786 | - | is repealed and the following is substituted in lieu thereof (Effective from | |
| 787 | - | passage): | |
| 788 | - | (a) As used in this section, "municipality" means any town, city or | |
| 789 | - | borough, consolidated town and city or consolidated town and | |
| 790 | - | borough, and a district establishing a zoning commission under section | |
| 791 | - | 7-326. | |
| 792 | - | (b) Any municipality may, by amendment to such municipality's | |
| 793 | - | zoning regulations or by local ordinance, (1) prohibit the establishment | |
| 794 | - | of a cannabis establishment, (2) establish reasonable restrictions | |
| 795 | - | regarding the hours and signage within the limits of such municipality, | |
| 796 | - | or (3) establish restrictions on the proximity of cannabis establishments | |
| 797 | - | to any of the establishments listed in subdivision (1) of subsection (a) of | |
| 798 | - | section 30-46. The chief zoning official of a municipality shall report, in | |
| 799 | - | writing, any zoning changes adopted by the municipality regarding | |
| 800 | - | cannabis establishments pursuant to this subsection to the Secretary of | |
| 801 | - | the Office of Policy and Management and to the department not later Substitute House Bill No. 5329 | |
| 600 | + | amount of any applicable fee specified in subsection (c) of section 21a-487 | |
| 601 | + | 420e for the first three renewal cycles of the applicable cannabis 488 | |
| 602 | + | establishment license applied for, and shall pay the full amount of such 489 | |
| 603 | + | fee thereafter. 490 | |
| 604 | + | Sec. 7. Section 21a-420u of the 2022 supplement to the general statutes 491 | |
| 605 | + | is repealed and the following is substituted in lieu thereof (Effective from 492 | |
| 606 | + | passage): 493 | |
| 607 | + | (a) In order for a dispensary facility to convert its license to a hybrid-494 | |
| 608 | + | retailer license, a dispensary facility shall have a workforce 495 | |
| 609 | + | development plan that has been approved by the Social Equity Council 496 | |
| 610 | + | under section 21a-420d, as amended by this act, and shall either pay the 497 | |
| 611 | + | fee of one million dollars established in section 21a-420e or, if such 498 | |
| 612 | + | dispensary facility has committed to create one equity joint venture to 499 | |
| 613 | + | be approved by the Social Equity Council for ownership purposes under 500 | |
| 614 | + | section 21a-420d, as amended by this act, and subsequent to obtaining 501 | |
| 615 | + | such approval, approved by the department for licensure under this 502 | |
| 616 | + | section, pay a reduced fee of five hundred thousand dollars. 503 | |
| 617 | + | (b) Any equity joint venture created under this section shall be 504 | |
| 618 | + | created for the development of a cannabis establishment, [business with 505 | |
| 619 | + | a social equity applicant that owns at least fifty per cent of such business 506 | |
| 620 | + | and where the dispensary facility owns at most fifty per cent of such 507 | |
| 621 | + | business] other than a cultivator, provided such equity joint venture is 508 | |
| 622 | + | at least fifty per cent owned and controlled by an individual or 509 | |
| 623 | + | individuals who meet, or the equity joint venture applicant is an 510 | |
| 624 | + | individual who meets, the criteria established in subparagraphs (A) and 511 | |
| 625 | + | (B) of subdivision (48) of section 21a-420, as amended by this act. 512 | |
| 626 | + | (c) An equity joint venture applicant shall submit an application to 513 | |
| 627 | + | the Social Equity Council that may include, but need not be limited to, 514 | |
| 628 | + | evidence of business formation, ownership allocation, terms of 515 | |
| 629 | + | ownership and financing and proof of social equity [applicant 516 | |
| 630 | + | involvement. The dispensary facility or social equity applicant of an 517 | |
| 631 | + | equity joint venture shall submit an application to the Social Equity 518 Substitute Bill No. 5329 | |
| 802 | 632 | ||
| 803 | - | Public Act No. 22-103 26 of 54 | |
| 804 | 633 | ||
| 805 | - | than fourteen days after the adoption of such changes. | |
| 806 | - | (c) Unless otherwise provided for by a municipality through its | |
| 807 | - | zoning regulations or ordinances, a cannabis establishment shall be | |
| 808 | - | zoned as if for any other similar use, other than a cannabis | |
| 809 | - | establishment, would be zoned. | |
| 810 | - | (d) Any restriction regarding hours, zoning and signage of a cannabis | |
| 811 | - | establishment adopted by a municipality shall not apply to an existing | |
| 812 | - | cannabis establishment located in such municipality if such cannabis | |
| 813 | - | establishment does not convert to a different license type, for a period | |
| 814 | - | of five years after the adoption of such prohibition or restriction. | |
| 815 | - | [(e) Until June 30, 2024, no municipality shall grant zoning approval | |
| 816 | - | for more retailers or micro-cultivators than a number that would allow | |
| 817 | - | for one retailer and one micro-cultivator for every twenty-five thousand | |
| 818 | - | residents of such municipality, as determined by the most recent | |
| 819 | - | decennial census. | |
| 820 | - | (f) On and after July 1, 2024, the Commissioner of Consumer | |
| 821 | - | Protection may, in the discretion of the commissioner, post on the | |
| 822 | - | Department of Consumer Protection's Internet web site a specific | |
| 823 | - | number of residents such that no municipality shall grant zoning | |
| 824 | - | approval for more retailers or micro-cultivators than would result in one | |
| 825 | - | retailer and one micro-cultivator for every such specific number of | |
| 826 | - | residents, as determined by the commissioner. Any such determination | |
| 827 | - | shall be made to ensure reasonable access to cannabis by consumers.] | |
| 828 | - | [(g)] (e) For purposes of ensuring compliance with this section, a | |
| 829 | - | special permit or other affirmative approval shall be required for any | |
| 830 | - | retailer or micro-cultivator seeking to be located within a municipality. | |
| 831 | - | [A municipality shall not grant such special permit or approval for any | |
| 832 | - | retailer or micro-cultivator applying for such special permit or approval | |
| 833 | - | if that would result in an amount that (1) until June 30, 2024, exceeds the Substitute House Bill No. 5329 | |
| 634 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 635 | + | R01-HB.docx } | |
| 636 | + | 18 of 27 | |
| 834 | 637 | ||
| 835 | - | Public Act No. 22-103 27 of 54 | |
| 638 | + | Council that may include, but need not be limited to, evidence of 519 | |
| 639 | + | business formation, ownership allocation, terms of ownership and 520 | |
| 640 | + | financing and proof of social equity applicant involvement. The 521 | |
| 641 | + | dispensary facility or social equity applicant of an] status. The equity 522 | |
| 642 | + | joint venture applicant shall submit to the Social Equity Council 523 | |
| 643 | + | information including, but not limited to, the organizing documents of 524 | |
| 644 | + | the entity that outline the ownership stake of each backer, initial backer 525 | |
| 645 | + | investment and payout information to enable the council to determine 526 | |
| 646 | + | the terms of ownership. 527 | |
| 647 | + | (d) Upon receipt of written approval of the equity joint venture by 528 | |
| 648 | + | the Social Equity Council, [the dispensary facility or social equity 529 | |
| 649 | + | applicant of] the equity joint venture applicant shall apply for a license 530 | |
| 650 | + | from the department in the same form as required by all other licensees 531 | |
| 651 | + | of the same license type and subject to the same fees as required by all 532 | |
| 652 | + | other licensees of the same license type. 533 | |
| 653 | + | (e) A dispensary facility, including the backers of such dispensary 534 | |
| 654 | + | facility, shall not increase its ownership in an equity joint venture in 535 | |
| 655 | + | excess of fifty per cent during the seven-year period after a license is 536 | |
| 656 | + | issued by the department under this section. 537 | |
| 657 | + | (f) Equity joint ventures that are retailers or hybrid retailers that share 538 | |
| 658 | + | a common dispensary facility or dispensary facility backer owner shall 539 | |
| 659 | + | not be located within twenty miles of another commonly owned equity 540 | |
| 660 | + | joint venture. 541 | |
| 661 | + | (g) If a dispensary facility has paid the reduced conversion fee, in 542 | |
| 662 | + | accordance with subsection (a) of this section, and did not subsequently 543 | |
| 663 | + | create one equity joint venture under this section [, the] that, not later 544 | |
| 664 | + | than fourteen months after the Department of Consumer Protection 545 | |
| 665 | + | approved the dispensary facility's license conversion application under 546 | |
| 666 | + | section 21a-420t, receives a final license from the department, the 547 | |
| 667 | + | dispensary facility shall be liable for the full conversion fee of one 548 | |
| 668 | + | million dollars [,] established [under] in section 21a-420e minus such 549 | |
| 669 | + | paid reduced conversion fee. 550 Substitute Bill No. 5329 | |
| 836 | 670 | ||
| 837 | - | density cap of one retailer and one micro-cultivator for every twenty- | |
| 838 | - | five thousand residents, and (2) on and after July 1, 2024, exceeds any | |
| 839 | - | density cap determined by the commissioner under subsection (f) of this | |
| 840 | - | section.] When awarding final licenses for a retailer or micro-cultivator, | |
| 841 | - | the Department of Consumer Protection may assume that, if an | |
| 842 | - | applicant for such final license has obtained zoning approval, the | |
| 843 | - | approval of a final license for such applicant shall not result in a | |
| 844 | - | violation of this section or any [other] municipal restrictions on the | |
| 845 | - | number or density of cannabis establishments. | |
| 846 | - | Sec. 10. (Effective from passage) (a) The chairpersons of the joint | |
| 847 | - | standing committee of the General Assembly having cognizance of | |
| 848 | - | matters pertaining to general law shall convene a working group to | |
| 849 | - | study hemp, hemp products and hemp producers. Such study shall | |
| 850 | - | include, but need not be limited to, an examination of (1) the regulation | |
| 851 | - | of hemp, hemp products and hemp producers licensed in this state and | |
| 852 | - | neighboring states, (2) the manner in which neighboring states have | |
| 853 | - | integrated hemp, hemp products and hemp producers into their | |
| 854 | - | recreational cannabis programs, statutes and regulations, and (3) | |
| 855 | - | possible legislation that would integrate hemp, hemp products and | |
| 856 | - | hemp producers licensed in this state into this state's recreational | |
| 857 | - | cannabis statutes by, among other things, allowing (A) such licensees to | |
| 858 | - | convert their licenses to licenses issued under this state's recreational | |
| 859 | - | cannabis statutes, and (B) hemp products, including, but not limited to, | |
| 860 | - | cannabidiol, produced by such licensees to be sold in cannabis | |
| 861 | - | dispensaries licensed in this state. | |
| 862 | - | (b) The working group shall consist of the following members: | |
| 863 | - | (1) One appointed by the speaker of the House of Representatives, | |
| 864 | - | who shall be a representative of the Connecticut Farm Bureau; | |
| 865 | - | (2) One appointed by the president pro tempore of the Senate, who | |
| 866 | - | shall be a person who grows hemp in the state; Substitute House Bill No. 5329 | |
| 867 | 671 | ||
| 868 | - | Public Act No. 22-103 28 of 54 | |
| 672 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 673 | + | R01-HB.docx } | |
| 674 | + | 19 of 27 | |
| 869 | 675 | ||
| 870 | - | (3) One appointed by the majority leader of the House of | |
| 871 | - | Representatives, who shall be a representative of the state's cannabis | |
| 872 | - | industry; | |
| 873 | - | (4) One appointed by the majority leader of the Senate, who shall be | |
| 874 | - | a representative of the state's cannabis industry; | |
| 875 | - | (5) One appointed by the minority leader of the House of | |
| 876 | - | Representatives, who shall be a member of the General Assembly | |
| 877 | - | representing a rural district in the state; | |
| 878 | - | (6) One appointed by the minority leader of the Senate, who shall be | |
| 879 | - | a member of the General Assembly representing a rural district in the | |
| 880 | - | state; | |
| 881 | - | (7) The chairpersons of the joint standing committee of the General | |
| 882 | - | Assembly having cognizance of matters relating to general law; | |
| 883 | - | (8) The Commissioner of Consumer Protection, or the commissioner's | |
| 884 | - | designee; and | |
| 885 | - | (9) The Commissioner of Agriculture, or the commissioner's | |
| 886 | - | designee. | |
| 887 | - | (c) All initial appointments to the working group shall be made not | |
| 888 | - | later than thirty days after the effective date of this section. Any vacancy | |
| 889 | - | shall be filled by the appointing authority. | |
| 890 | - | (d) The chairpersons of the joint standing committee of the General | |
| 891 | - | Assembly having cognizance of matters relating to general law shall | |
| 892 | - | serve as the chairpersons of the working group. Such chairpersons shall | |
| 893 | - | schedule the first meeting of the working group, which shall be held not | |
| 894 | - | later than sixty days after the effective date of this section. | |
| 895 | - | (e) The administrative staff of the joint standing committee of the | |
| 896 | - | General Assembly having cognizance of matters relating to general law Substitute House Bill No. 5329 | |
| 676 | + | (h) No dispensary facility that receives approval to convert the 551 | |
| 677 | + | dispensary facility's license to a hybrid-retailer license under section 552 | |
| 678 | + | 21a-420t shall create more than two equity joint ventures. No such 553 | |
| 679 | + | dispensary facility shall apply for, or create, any additional equity joint 554 | |
| 680 | + | venture if, on the effective date of this section, such dispensary facility 555 | |
| 681 | + | has created at least two equity joint ventures that have each received a 556 | |
| 682 | + | provisional license. 557 | |
| 683 | + | (i) An equity joint venture applicant shall pay fifty per cent of the 558 | |
| 684 | + | amount of any applicable fee specified in subsection (c) of section 21a-559 | |
| 685 | + | 420e for the first three renewal cycles of the applicable cannabis 560 | |
| 686 | + | establishment license applied for, and shall pay the full amount of such 561 | |
| 687 | + | fee thereafter. 562 | |
| 688 | + | Sec. 8. Subsection (k) of section 21a-420d of the 2022 supplement to 563 | |
| 689 | + | the general statutes is repealed and the following is substituted in lieu 564 | |
| 690 | + | thereof (Effective from passage): 565 | |
| 691 | + | (k) The council shall develop criteria for evaluating the ownership 566 | |
| 692 | + | and control of any equity joint venture created under section 21a-420m, 567 | |
| 693 | + | as amended by this act, [or] 21a-420u, as amended by this act, or section 568 | |
| 694 | + | 5 of this act and shall review and approve or deny in writing such equity 569 | |
| 695 | + | joint venture prior to such equity joint venture being licensed under 570 | |
| 696 | + | section 21a-420m, as amended by this act, [or] 21a-420u, as amended by 571 | |
| 697 | + | this act, or section 5 of this act. After developing criteria for social equity 572 | |
| 698 | + | plans as described in subdivision (5) of subsection (h) of this section, the 573 | |
| 699 | + | council shall review and approve or deny in writing any such plan 574 | |
| 700 | + | submitted by a cannabis establishment as part of its final license 575 | |
| 701 | + | application. The council shall not approve any equity joint venture 576 | |
| 702 | + | applicant which shares with an equity joint venture any individual 577 | |
| 703 | + | owner who meets the criteria established in subparagraphs (A) and (B) 578 | |
| 704 | + | of subdivision (48) of section 21a-420, as amended by this act. 579 | |
| 705 | + | Sec. 9. Section 21a-421bb of the 2022 supplement to the general 580 | |
| 706 | + | statutes is repealed and the following is substituted in lieu thereof 581 | |
| 707 | + | (Effective July 1, 2022): 582 Substitute Bill No. 5329 | |
| 897 | 708 | ||
| 898 | - | Public Act No. 22-103 29 of 54 | |
| 899 | 709 | ||
| 900 | - | shall serve as administrative staff of the working group. | |
| 901 | - | (f) Not later than January 1, 2023, the working group shall submit a | |
| 902 | - | report on its findings and recommendations to the joint standing | |
| 903 | - | committee of the General Assembly having cognizance of matters | |
| 904 | - | relating to general law, in accordance with the provisions of section 11- | |
| 905 | - | 4a of the general statutes. The working group shall terminate on the date | |
| 906 | - | that it submits such report or January 1, 2023, whichever is later. | |
| 907 | - | Sec. 11. Section 21a-408 of the 2022 supplement to the general statutes | |
| 908 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
| 909 | - | 1, 2022): | |
| 910 | - | As used in this section, sections 21a-408a to 21a-408o, inclusive, as | |
| 911 | - | amended by this act, and sections 21a-408r to 21a-408v, inclusive, unless | |
| 912 | - | the context otherwise requires: | |
| 913 | - | (1) "Advanced practice registered nurse" means an advanced practice | |
| 914 | - | registered nurse licensed pursuant to chapter 378; | |
| 915 | - | (2) "Cannabis establishment" has the same meaning as provided in | |
| 916 | - | section 21a-420, as amended by this act; | |
| 917 | - | (3) "Cultivation" includes planting, propagating, cultivating, growing | |
| 918 | - | and harvesting; | |
| 919 | - | (4) "Debilitating medical condition" means (A) cancer, glaucoma, | |
| 920 | - | positive status for human immunodeficiency virus or acquired immune | |
| 921 | - | deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to | |
| 922 | - | the nervous tissue of the spinal cord with objective neurological | |
| 923 | - | indication of intractable spasticity, epilepsy or uncontrolled intractable | |
| 924 | - | seizure disorder, cachexia, wasting syndrome, Crohn's disease, | |
| 925 | - | posttraumatic stress disorder, irreversible spinal cord injury with | |
| 926 | - | objective neurological indication of intractable spasticity, cerebral palsy, | |
| 927 | - | cystic fibrosis or terminal illness requiring end-of-life care, except, if the Substitute House Bill No. 5329 | |
| 710 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 711 | + | R01-HB.docx } | |
| 712 | + | 20 of 27 | |
| 928 | 713 | ||
| 929 | - | Public Act No. 22-103 30 of 54 | |
| 714 | + | (a) [Cannabis] Except as provided in subsection (c) of this section, 583 | |
| 715 | + | cannabis establishments and any person advertising any cannabis or 584 | |
| 716 | + | services related to cannabis shall not: 585 | |
| 717 | + | (1) Advertise, including, but not limited to, through a business name 586 | |
| 718 | + | or logo, cannabis, cannabis paraphernalia or goods or services related to 587 | |
| 719 | + | cannabis in ways that target or are designed to appeal to individuals 588 | |
| 720 | + | under twenty-one years of age, including, but not limited to, 589 | |
| 721 | + | spokespersons or celebrities who appeal to individuals under the legal 590 | |
| 722 | + | age to purchase cannabis or cannabis products, depictions of a person 591 | |
| 723 | + | under twenty-five years of age consuming cannabis, or, the inclusion of 592 | |
| 724 | + | objects, such as toys, characters or cartoon characters suggesting the 593 | |
| 725 | + | presence of a person under twenty-one years of age, or any other 594 | |
| 726 | + | depiction designed in any manner to be appealing to a person under 595 | |
| 727 | + | twenty-one years of age; 596 | |
| 728 | + | (2) Engage in advertising by means of any billboard; 597 | |
| 729 | + | [(2)] (3) Engage in advertising by means of any television, radio, 598 | |
| 730 | + | Internet, mobile [applications] application, social media [,] or other 599 | |
| 731 | + | electronic communication, [billboard or other] outdoor signage [,] or 600 | |
| 732 | + | print publication unless the advertiser has reliable evidence that at least 601 | |
| 733 | + | ninety per cent of the audience for the advertisement is reasonably 602 | |
| 734 | + | expected to be twenty-one years of age or older; 603 | |
| 735 | + | [(3)] (4) Engage in advertising or marketing directed toward location-604 | |
| 736 | + | based devices, including, but not limited to, cellular phones, unless the 605 | |
| 737 | + | marketing is a mobile device application installed on the device by the 606 | |
| 738 | + | owner of the device who is twenty-one years of age or older and 607 | |
| 739 | + | includes a permanent and easy opt-out feature and warnings that the 608 | |
| 740 | + | use of cannabis is restricted to persons twenty-one years of age or older; 609 | |
| 741 | + | [(4)] (5) Advertise cannabis or cannabis products in a manner 610 | |
| 742 | + | claiming or implying, or permit any employee of the cannabis 611 | |
| 743 | + | establishment to claim or imply, that such products have curative or 612 | |
| 744 | + | therapeutic effects, or that any other medical claim is true, or allow any 613 Substitute Bill No. 5329 | |
| 930 | 745 | ||
| 931 | - | qualifying patient is under eighteen years of age, "debilitating medical | |
| 932 | - | condition" means terminal illness requiring end-of-life care, irreversible | |
| 933 | - | spinal cord injury with objective neurological indication of intractable | |
| 934 | - | spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled | |
| 935 | - | intractable seizure disorder, or (B) any medical condition, medical | |
| 936 | - | treatment or disease approved for qualifying patients by the | |
| 937 | - | Department of Consumer Protection and posted online pursuant to | |
| 938 | - | section 21a-408l; | |
| 939 | - | (5) "Dispensary facility" means a place of business where marijuana | |
| 940 | - | may be dispensed, sold or distributed in accordance with this chapter | |
| 941 | - | and any regulations adopted thereunder to qualifying patients and | |
| 942 | - | caregivers and for which the department has issued a dispensary facility | |
| 943 | - | license pursuant to this chapter; | |
| 944 | - | (6) "Employee" has the same meaning as provided in section 21a-420, | |
| 945 | - | as amended by this act; | |
| 946 | - | (7) "Institutional animal care and use committee" means a committee | |
| 947 | - | that oversees an organization's animal program, facilities and | |
| 948 | - | procedures to ensure compliance with federal policies, guidelines and | |
| 949 | - | principles related to the care and use of animals in research; | |
| 950 | - | (8) "Institutional review board" means a specifically constituted | |
| 951 | - | review body established or designated by an organization to protect the | |
| 952 | - | rights and welfare of persons recruited to participate in biomedical, | |
| 953 | - | behavioral or social science research; | |
| 954 | - | (9) "Laboratory" means a laboratory located in the state that is | |
| 955 | - | licensed by the department to provide analysis of marijuana and that | |
| 956 | - | meets the licensure requirements set forth in section 21a-246, as | |
| 957 | - | amended by this act; | |
| 958 | - | (10) "Laboratory employee" means a person who is registered as a | |
| 959 | - | laboratory employee pursuant to section 21a-408r; Substitute House Bill No. 5329 | |
| 960 | 746 | ||
| 961 | - | Public Act No. 22-103 31 of 54 | |
| 747 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 748 | + | R01-HB.docx } | |
| 749 | + | 21 of 27 | |
| 962 | 750 | ||
| 963 | - | (11) "Licensed dispensary" or "dispensary" means an individual who | |
| 964 | - | is a licensed pharmacist employed by a dispensary facility or hybrid | |
| 965 | - | retailer; | |
| 966 | - | (12) "Producer" means a person who is licensed as a producer | |
| 967 | - | pursuant to section 21a-408i; | |
| 968 | - | (13) "Marijuana" means marijuana, as defined in section 21a-240; | |
| 969 | - | (14) "Nurse" means a person who is licensed as a nurse under chapter | |
| 970 | - | 378; | |
| 971 | - | (15) "Palliative use" means the acquisition, distribution, transfer, | |
| 972 | - | possession, use or transportation of marijuana or paraphernalia relating | |
| 973 | - | to marijuana, including the transfer of marijuana and paraphernalia | |
| 974 | - | relating to marijuana from the patient's caregiver to the qualifying | |
| 975 | - | patient, to alleviate a qualifying patient's symptoms of a debilitating | |
| 976 | - | medical condition or the effects of such symptoms, but does not include | |
| 977 | - | any such use of marijuana by any person other than the qualifying | |
| 978 | - | patient; | |
| 979 | - | (16) "Paraphernalia" means drug paraphernalia, as defined in section | |
| 980 | - | 21a-240; | |
| 981 | - | (17) "Physician" means a person who is licensed as a physician under | |
| 982 | - | chapter 370; [, but does not include a physician assistant, as defined in | |
| 983 | - | section 20-12a;] | |
| 984 | - | (18) "Physician assistant" means a person who is licensed as a | |
| 985 | - | physician assistant under chapter 370; | |
| 986 | - | [(18)] (19) "Caregiver" means a person, other than the qualifying | |
| 987 | - | patient and the qualifying patient's physician, physician assistant or | |
| 988 | - | advanced practice registered nurse, who is eighteen years of age or older | |
| 989 | - | and has agreed to undertake responsibility for managing the well-being Substitute House Bill No. 5329 | |
| 751 | + | employee to promote cannabis for a wellness purpose unless such 614 | |
| 752 | + | claims are substantiated as set forth in regulations adopted under 615 | |
| 753 | + | chapter 420f or verbally conveyed by a licensed pharmacist or other 616 | |
| 754 | + | licensed medical practitioner in the course of business in, or while 617 | |
| 755 | + | representing, a hybrid retail or dispensary facility; 618 | |
| 756 | + | [(5)] (6) Sponsor charitable, sports, musical, artistic, cultural, social or 619 | |
| 757 | + | other similar events or advertising at, or in connection with, such an 620 | |
| 758 | + | event unless the sponsor or advertiser has reliable evidence that (A) not 621 | |
| 759 | + | more than ten per cent of the in-person audience at the event is 622 | |
| 760 | + | reasonably expected to be under the legal age to purchase cannabis or 623 | |
| 761 | + | cannabis products, and (B) not more than ten per cent of the audience 624 | |
| 762 | + | that will watch, listen or participate in the event is expected to be under 625 | |
| 763 | + | the legal age to purchase cannabis products; 626 | |
| 764 | + | [(6)] (7) Advertise cannabis, cannabis products or cannabis 627 | |
| 765 | + | paraphernalia in any physical form visible to the public within five 628 | |
| 766 | + | hundred feet of an elementary or secondary school ground, recreation 629 | |
| 767 | + | center or facility, child care center, playground, public park or library; 630 | |
| 768 | + | [(7)] (8) Cultivate cannabis or manufacture cannabis products for 631 | |
| 769 | + | distribution outside of this state in violation of federal law, advertise in 632 | |
| 770 | + | any way that encourages the transportation of cannabis across state lines 633 | |
| 771 | + | or otherwise encourages illegal activity; 634 | |
| 772 | + | [(8)] (9) Except for dispensary facilities and hybrid retailers, exhibit 635 | |
| 773 | + | within or upon the outside of the facility used in the operation of a 636 | |
| 774 | + | cannabis establishment, or include in any advertisement, the word 637 | |
| 775 | + | "dispensary" or any variation of such term or any other words, displays 638 | |
| 776 | + | or symbols indicating that such store, shop or place of business is a 639 | |
| 777 | + | dispensary; 640 | |
| 778 | + | [(9)] (10) Exhibit within or upon the outside of the premises subject to 641 | |
| 779 | + | the cannabis establishment license, or include in any advertisement the 642 | |
| 780 | + | words "drug store", "pharmacy", "apothecary", "drug", "drugs" or 643 | |
| 781 | + | "medicine shop" or any combination of such terms or any other words, 644 Substitute Bill No. 5329 | |
| 990 | 782 | ||
| 991 | - | Public Act No. 22-103 32 of 54 | |
| 992 | 783 | ||
| 993 | - | of the qualifying patient with respect to the palliative use of marijuana, | |
| 994 | - | provided (A) in the case of a qualifying patient (i) under eighteen years | |
| 995 | - | of age and not an emancipated minor, or (ii) otherwise lacking legal | |
| 996 | - | capacity, such person shall be a parent, guardian or person having legal | |
| 997 | - | custody of such qualifying patient, and (B) in the case of a qualifying | |
| 998 | - | patient eighteen years of age or older or an emancipated minor, the need | |
| 999 | - | for such person shall be evaluated by the qualifying patient's physician, | |
| 1000 | - | physician assistant or advanced practice registered nurse and such need | |
| 1001 | - | shall be documented in the written certification; | |
| 1002 | - | [(19)] (20) "Qualifying patient" means a person who: (A) Is a resident | |
| 1003 | - | of Connecticut, (B) has been diagnosed by a physician, physician | |
| 1004 | - | assistant or [an] advanced practice registered nurse as having a | |
| 1005 | - | debilitating medical condition, and (C) (i) is eighteen years of age or | |
| 1006 | - | older, (ii) is an emancipated minor, or (iii) has written consent from a | |
| 1007 | - | custodial parent, guardian or other person having legal custody of such | |
| 1008 | - | person that indicates that such person has permission from such parent, | |
| 1009 | - | guardian or other person for the palliative use of marijuana for a | |
| 1010 | - | debilitating medical condition and that such parent, guardian or other | |
| 1011 | - | person will (I) serve as a caregiver for the qualifying patient, and (II) | |
| 1012 | - | control the acquisition and possession of marijuana and any related | |
| 1013 | - | paraphernalia for palliative use on behalf of such person. "Qualifying | |
| 1014 | - | patient" does not include an inmate confined in a correctional institution | |
| 1015 | - | or facility under the supervision of the Department of Correction; | |
| 1016 | - | [(20)] (21) "Research program" means a study approved by the | |
| 1017 | - | Department of Consumer Protection in accordance with this chapter | |
| 1018 | - | and undertaken to increase information or knowledge regarding the | |
| 1019 | - | growth or processing of marijuana, or the medical attributes, dosage | |
| 1020 | - | forms, administration or use of marijuana to treat or alleviate symptoms | |
| 1021 | - | of any medical conditions or the effects of such symptoms; | |
| 1022 | - | [(21)] (22) "Research program employee" means a person who (A) is | |
| 1023 | - | registered as a research program employee under section 21a-408t, or Substitute House Bill No. 5329 | |
| 784 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 785 | + | R01-HB.docx } | |
| 786 | + | 22 of 27 | |
| 1024 | 787 | ||
| 1025 | - | Public Act No. 22-103 33 of 54 | |
| 788 | + | displays or symbols indicating that such store, shop or place of business 645 | |
| 789 | + | is a pharmacy; 646 | |
| 790 | + | [(10)] (11) Advertise on or in public or private vehicles or at bus stops, 647 | |
| 791 | + | taxi stands, transportation waiting areas, train stations, airports or other 648 | |
| 792 | + | similar transportation venues including, but not limited to, vinyl-649 | |
| 793 | + | wrapped vehicles or signs or logos on transportation vehicles not 650 | |
| 794 | + | owned by a cannabis establishment; 651 | |
| 795 | + | [(11)] (12) Display cannabis or cannabis products so as to be clearly 652 | |
| 796 | + | visible to a person from the exterior of the facility used in the operation 653 | |
| 797 | + | of a cannabis establishment, or display signs or other printed material 654 | |
| 798 | + | advertising any brand or any kind of cannabis or cannabis product on 655 | |
| 799 | + | the exterior of any facility used in the operation of a cannabis 656 | |
| 800 | + | establishment; 657 | |
| 801 | + | [(12)] (13) Utilize radio or loudspeaker, in a vehicle or in or outside of 658 | |
| 802 | + | a facility used in the operation of a cannabis establishment, for the 659 | |
| 803 | + | purposes of advertising the sale of cannabis or cannabis products; or 660 | |
| 804 | + | [(13)] (14) Operate any web site advertising or depicting cannabis, 661 | |
| 805 | + | cannabis products or cannabis paraphernalia unless such web site 662 | |
| 806 | + | verifies that the entrants or users are twenty-one years of age or older. 663 | |
| 807 | + | (b) [Any] Except as provided in subsection (c) of this section, any 664 | |
| 808 | + | advertisements from a cannabis establishment shall contain the 665 | |
| 809 | + | following warning: "Do not use cannabis if you are under twenty-one 666 | |
| 810 | + | years of age. Keep cannabis out of the reach of children." In a print or 667 | |
| 811 | + | visual medium, such warning shall be conspicuous, easily legible and 668 | |
| 812 | + | shall take up not less than ten per cent of the advertisement space. In an 669 | |
| 813 | + | audio medium, such warning shall be at the same speed as the rest of 670 | |
| 814 | + | the advertisement and be easily intelligible. 671 | |
| 815 | + | (c) Any outdoor signage, other than a billboard and including, but 672 | |
| 816 | + | not limited to, any monument sign, pylon sign or wayfinding sign, shall 673 | |
| 817 | + | be deemed to satisfy the audience requirement established in 674 | |
| 818 | + | subdivision (3) of subsection (a) of this section, and shall not be required 675 Substitute Bill No. 5329 | |
| 1026 | 819 | ||
| 1027 | - | (B) holds a temporary certificate of registration issued pursuant to | |
| 1028 | - | section 21a-408t; | |
| 1029 | - | [(22)] (23) "Research program subject" means a person registered as a | |
| 1030 | - | research program subject pursuant to section 21a-408v; | |
| 1031 | - | [(23)] (24) "Usable marijuana" means the dried leaves and flowers of | |
| 1032 | - | the marijuana plant, and any mixtures or preparations of such leaves | |
| 1033 | - | and flowers, that are appropriate for the palliative use of marijuana, but | |
| 1034 | - | does not include the seeds, stalks and roots of the marijuana plant; and | |
| 1035 | - | [(24)] (25) "Written certification" means a written certification issued | |
| 1036 | - | by a physician, physician assistant or [an] advanced practice registered | |
| 1037 | - | nurse pursuant to section 21a-408c, as amended by this act. | |
| 1038 | - | Sec. 12. Section 21a-408a of the 2022 supplement to the general | |
| 1039 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 1040 | - | (Effective July 1, 2022): | |
| 1041 | - | (a) A qualifying patient shall register with the Department of | |
| 1042 | - | Consumer Protection pursuant to section 21a-408d, as amended by this | |
| 1043 | - | act, prior to engaging in the palliative use of marijuana. A qualifying | |
| 1044 | - | patient who has a valid registration certificate from the Department of | |
| 1045 | - | Consumer Protection pursuant to subsection (a) of section 21a-408d, as | |
| 1046 | - | amended by this act, and complies with the requirements of sections | |
| 1047 | - | 21a-408 to 21a-408m, as amended by this act, inclusive, shall not be | |
| 1048 | - | subject to arrest or prosecution, penalized in any manner, including, but | |
| 1049 | - | not limited to, being subject to any civil penalty, or denied any right or | |
| 1050 | - | privilege, including, but not limited to, being subject to any disciplinary | |
| 1051 | - | action by a professional licensing board, for the palliative use of | |
| 1052 | - | marijuana if: | |
| 1053 | - | (1) The qualifying patient's physician, physician assistant or | |
| 1054 | - | advanced practice registered nurse has issued a written certification to | |
| 1055 | - | the qualifying patient for the palliative use of marijuana after the Substitute House Bill No. 5329 | |
| 1056 | 820 | ||
| 1057 | - | Public Act No. 22-103 34 of 54 | |
| 821 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 822 | + | R01-HB.docx } | |
| 823 | + | 23 of 27 | |
| 1058 | 824 | ||
| 1059 | - | physician, physician assistant or advanced practice registered nurse has | |
| 1060 | - | prescribed, or determined it is not in the best interest of the patient to | |
| 1061 | - | prescribe, prescription drugs to address the symptoms or effects for | |
| 1062 | - | which the certification is being issued; | |
| 1063 | - | (2) The combined amount of marijuana possessed by the qualifying | |
| 1064 | - | patient and the caregiver for palliative use does not exceed five ounces; | |
| 1065 | - | (3) The qualifying patient has not more than one caregiver at any | |
| 1066 | - | time; and | |
| 1067 | - | (4) Any cannabis plants grown by the qualifying patient in his or | |
| 1068 | - | home is in compliance with subsection (b) of section 21a-408d, as | |
| 1069 | - | amended by this act, and any applicable regulations. | |
| 1070 | - | (b) The provisions of subsection (a) of this section do not apply to: | |
| 1071 | - | (1) Any palliative use of marijuana that endangers the health or well- | |
| 1072 | - | being of a person other than the qualifying patient or the caregiver; or | |
| 1073 | - | (2) The ingestion of marijuana (A) in a motor bus or a school bus or | |
| 1074 | - | in any other moving vehicle, (B) in the workplace, (C) on any school | |
| 1075 | - | grounds or any public or private school, dormitory, college or university | |
| 1076 | - | property, unless such college or university is participating in a research | |
| 1077 | - | program and such use is pursuant to the terms of the research program, | |
| 1078 | - | (D) in any public place, or (E) in the presence of a person under the age | |
| 1079 | - | of eighteen, unless such person is a qualifying patient or research | |
| 1080 | - | program subject. For the purposes of this subdivision, (i) "presence" | |
| 1081 | - | means within the direct line of sight of the palliative use of marijuana or | |
| 1082 | - | exposure to second-hand marijuana smoke, or both; (ii) "public place" | |
| 1083 | - | means any area that is used or held out for use by the public whether | |
| 1084 | - | owned or operated by public or private interests; (iii) "vehicle" means a | |
| 1085 | - | vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus, | |
| 1086 | - | as defined in section 14-1; and (v) "school bus" means a school bus, as | |
| 1087 | - | defined in section 14-1. Substitute House Bill No. 5329 | |
| 825 | + | to contain the warning required under subsection (b) of this section, if 676 | |
| 826 | + | such outdoor signage: 677 | |
| 827 | + | (1) Contains only the name and logo of: 678 | |
| 828 | + | (A) A cannabis establishment; or 679 | |
| 829 | + | (B) Any business entity advertising (i) cannabis paraphernalia, or (ii) 680 | |
| 830 | + | goods or services related to a cannabis business; 681 | |
| 831 | + | (2) Is comprised of not more than three colors; and 682 | |
| 832 | + | (3) Is located: 683 | |
| 833 | + | (A) On the cannabis establishment's or such business entity's 684 | |
| 834 | + | premises, regardless of whether such cannabis establishment or 685 | |
| 835 | + | business entity leases or owns such premises; or 686 | |
| 836 | + | (B) On any commercial property occupied by multiple tenants 687 | |
| 837 | + | including such cannabis establishment or business entity. 688 | |
| 838 | + | [(c)] (d) The department shall not register, and may require revision 689 | |
| 839 | + | of, any submitted or registered cannabis brand name that: 690 | |
| 840 | + | (1) Is identical to, or confusingly similar to, the name of an existing 691 | |
| 841 | + | non-cannabis product; 692 | |
| 842 | + | (2) Is identical to, or confusingly similar to, the name of an unlawful 693 | |
| 843 | + | product or substance; 694 | |
| 844 | + | (3) Is confusingly similar to the name of a previously approved 695 | |
| 845 | + | cannabis brand name; 696 | |
| 846 | + | (4) Is obscene or indecent; and 697 | |
| 847 | + | (5) Is customarily associated with persons under the age of twenty-698 | |
| 848 | + | one. 699 | |
| 849 | + | [(d)] (e) A violation of the provisions of subsection (a) or (b) of this 700 Substitute Bill No. 5329 | |
| 1088 | 850 | ||
| 1089 | - | Public Act No. 22-103 35 of 54 | |
| 1090 | 851 | ||
| 1091 | - | Sec. 13. Section 21a-408c of the 2022 supplement to the general | |
| 1092 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 1093 | - | (Effective July 1, 2022): | |
| 1094 | - | (a) A physician, physician assistant or [an] advanced practice | |
| 1095 | - | registered nurse may issue a written certification to a qualifying patient | |
| 1096 | - | that authorizes the palliative use of marijuana by the qualifying patient. | |
| 1097 | - | Such written certification shall be in the form prescribed by the | |
| 1098 | - | Department of Consumer Protection and shall include a statement | |
| 1099 | - | signed and dated by the qualifying patient's physician, physician | |
| 1100 | - | assistant or advanced practice registered nurse stating that, in such | |
| 1101 | - | physician's, physician assistant's or advanced practice registered nurse's | |
| 1102 | - | professional opinion, the qualifying patient has a debilitating medical | |
| 1103 | - | condition and the potential benefits of the palliative use of marijuana | |
| 1104 | - | would likely outweigh the health risks of such use to the qualifying | |
| 1105 | - | patient. | |
| 1106 | - | (b) Any written certification for the palliative use of marijuana issued | |
| 1107 | - | by a physician, physician assistant or [an] advanced practice registered | |
| 1108 | - | nurse under subsection (a) of this section shall be valid for a period not | |
| 1109 | - | to exceed one year from the date such written certification is signed and | |
| 1110 | - | dated by the physician, physician assistant or advanced practice | |
| 1111 | - | registered nurse. Not later than ten calendar days after the expiration of | |
| 1112 | - | such period, or at any time before the expiration of such period should | |
| 1113 | - | the qualifying patient no longer wish to possess marijuana for palliative | |
| 1114 | - | use, the qualifying patient or the caregiver shall destroy all usable | |
| 1115 | - | marijuana possessed by the qualifying patient and the caregiver for | |
| 1116 | - | palliative use. | |
| 1117 | - | (c) A physician, physician assistant or [an] advanced practice | |
| 1118 | - | registered nurse shall not be subject to arrest or prosecution, penalized | |
| 1119 | - | in any manner, including, but not limited to, being subject to any civil | |
| 1120 | - | penalty, or denied any right or privilege, including, but not limited to, | |
| 1121 | - | being subject to any disciplinary action by the Connecticut Medical Substitute House Bill No. 5329 | |
| 852 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 853 | + | R01-HB.docx } | |
| 854 | + | 24 of 27 | |
| 1122 | 855 | ||
| 1123 | - | Public Act No. 22-103 36 of 54 | |
| 856 | + | section shall be deemed to be an unfair or deceptive trade practice under 701 | |
| 857 | + | subsection (a) of section 42-110b. 702 | |
| 858 | + | Sec. 10. Section 21a-422f of the 2022 supplement to the general 703 | |
| 859 | + | statutes is repealed and the following is substituted in lieu thereof 704 | |
| 860 | + | (Effective from passage): 705 | |
| 861 | + | (a) As used in this section, "municipality" means any town, city or 706 | |
| 862 | + | borough, consolidated town and city or consolidated town and 707 | |
| 863 | + | borough, and a district establishing a zoning commission under section 708 | |
| 864 | + | 7-326. 709 | |
| 865 | + | (b) Any municipality may, by amendment to such municipality's 710 | |
| 866 | + | zoning regulations or by local ordinance, (1) prohibit the establishment 711 | |
| 867 | + | of a cannabis establishment, (2) establish reasonable restrictions 712 | |
| 868 | + | regarding the hours and signage within the limits of such municipality, 713 | |
| 869 | + | or (3) establish restrictions on the proximity of cannabis establishments 714 | |
| 870 | + | to any of the establishments listed in subdivision (1) of subsection (a) of 715 | |
| 871 | + | section 30-46. The chief zoning official of a municipality shall report, in 716 | |
| 872 | + | writing, any zoning changes adopted by the municipality regarding 717 | |
| 873 | + | cannabis establishments pursuant to this subsection to the Secretary of 718 | |
| 874 | + | the Office of Policy and Management and to the department not later 719 | |
| 875 | + | than fourteen days after the adoption of such changes. 720 | |
| 876 | + | (c) Unless otherwise provided for by a municipality through its 721 | |
| 877 | + | zoning regulations or ordinances, a cannabis establishment shall be 722 | |
| 878 | + | zoned as if for any other similar use, other than a cannabis 723 | |
| 879 | + | establishment, would be zoned. 724 | |
| 880 | + | (d) Any restriction regarding hours, zoning and signage of a cannabis 725 | |
| 881 | + | establishment adopted by a municipality shall not apply to an existing 726 | |
| 882 | + | cannabis establishment located in such municipality if such cannabis 727 | |
| 883 | + | establishment does not convert to a different license type, for a period 728 | |
| 884 | + | of five years after the adoption of such prohibition or restriction. 729 | |
| 885 | + | [(e) Until June 30, 2024, no municipality shall grant zoning approval 730 | |
| 886 | + | for more retailers or micro-cultivators than a number that would allow 731 Substitute Bill No. 5329 | |
| 1124 | 887 | ||
| 1125 | - | Examining Board, the Connecticut State Board of Examiners for Nursing | |
| 1126 | - | or other professional licensing board, for providing a written | |
| 1127 | - | certification for the palliative use of marijuana under subdivision (1) of | |
| 1128 | - | subsection (a) of section 21a-408a, as amended by this act, if: | |
| 1129 | - | (1) The physician, physician assistant or advanced practice registered | |
| 1130 | - | nurse has diagnosed the qualifying patient as having a debilitating | |
| 1131 | - | medical condition; | |
| 1132 | - | (2) The physician, physician assistant or advanced practice registered | |
| 1133 | - | nurse has explained the potential risks and benefits of the palliative use | |
| 1134 | - | of marijuana to the qualifying patient and, if the qualifying patient lacks | |
| 1135 | - | legal capacity, to a parent, guardian or person having legal custody of | |
| 1136 | - | the qualifying patient; | |
| 1137 | - | (3) The written certification issued by the physician, physician | |
| 1138 | - | assistant or advanced practice registered nurse is based upon the | |
| 1139 | - | physician's, physician assistant's or advanced practice registered nurse's | |
| 1140 | - | professional opinion after having completed a medically reasonable | |
| 1141 | - | assessment of the qualifying patient's medical history and current | |
| 1142 | - | medical condition made in the course of a bona fide health care | |
| 1143 | - | professional-patient relationship; and | |
| 1144 | - | (4) The physician, physician assistant or advanced practice registered | |
| 1145 | - | nurse has no financial interest in a cannabis establishment, except for | |
| 1146 | - | retailers and delivery services, as such terms are defined in section 21a- | |
| 1147 | - | 420, as amended by this act. | |
| 1148 | - | (d) A physician assistant or nurse shall not be subject to arrest or | |
| 1149 | - | prosecution, penalized in any manner, including, but not limited to, | |
| 1150 | - | being subject to any civil penalty, or denied any right or privilege, | |
| 1151 | - | including, but not limited to, being subject to any disciplinary action by | |
| 1152 | - | the Connecticut Medical Examining Board, Board of Examiners for | |
| 1153 | - | Nursing [,] or other professional licensing board, for administering Substitute House Bill No. 5329 | |
| 1154 | 888 | ||
| 1155 | - | Public Act No. 22-103 37 of 54 | |
| 889 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 890 | + | R01-HB.docx } | |
| 891 | + | 25 of 27 | |
| 1156 | 892 | ||
| 1157 | - | ||
| 1158 | - | ||
| 1159 | - | ||
| 1160 | - | ( | |
| 1161 | - | ||
| 1162 | - | ||
| 1163 | - | ||
| 1164 | - | ||
| 1165 | - | ||
| 1166 | - | ||
| 1167 | - | ||
| 1168 | - | ( | |
| 1169 | - | ||
| 1170 | - | ||
| 1171 | - | ||
| 1172 | - | ||
| 1173 | - | ||
| 1174 | - | ||
| 1175 | - | ||
| 1176 | - | ||
| 1177 | - | ||
| 1178 | - | ||
| 1179 | - | ||
| 1180 | - | ||
| 1181 | - | ||
| 1182 | - | ||
| 1183 | - | ||
| 1184 | - | ||
| 1185 | - | ||
| 1186 | - | ||
| 1187 | - | ||
| 893 | + | for one retailer and one micro-cultivator for every twenty-five thousand 732 | |
| 894 | + | residents of such municipality, as determined by the most recent 733 | |
| 895 | + | decennial census. 734 | |
| 896 | + | (f) On and after July 1, 2024, the Commissioner of Consumer 735 | |
| 897 | + | Protection may, in the discretion of the commissioner, post on the 736 | |
| 898 | + | Department of Consumer Protection's Internet web site a specific 737 | |
| 899 | + | number of residents such that no municipality shall grant zoning 738 | |
| 900 | + | approval for more retailers or micro-cultivators than would result in one 739 | |
| 901 | + | retailer and one micro-cultivator for every such specific number of 740 | |
| 902 | + | residents, as determined by the commissioner. Any such determination 741 | |
| 903 | + | shall be made to ensure reasonable access to cannabis by consumers.] 742 | |
| 904 | + | [(g)] (e) For purposes of ensuring compliance with this section, a 743 | |
| 905 | + | special permit or other affirmative approval shall be required for any 744 | |
| 906 | + | retailer or micro-cultivator seeking to be located within a municipality. 745 | |
| 907 | + | [A municipality shall not grant such special permit or approval for any 746 | |
| 908 | + | retailer or micro-cultivator applying for such special permit or approval 747 | |
| 909 | + | if that would result in an amount that (1) until June 30, 2024, exceeds the 748 | |
| 910 | + | density cap of one retailer and one micro-cultivator for every twenty-749 | |
| 911 | + | five thousand residents, and (2) on and after July 1, 2024, exceeds any 750 | |
| 912 | + | density cap determined by the commissioner under subsection (f) of this 751 | |
| 913 | + | section.] When awarding final licenses for a retailer or micro-cultivator, 752 | |
| 914 | + | the Department of Consumer Protection may assume that, if an 753 | |
| 915 | + | applicant for such final license has obtained zoning approval, the 754 | |
| 916 | + | approval of a final license for such applicant shall not result in a 755 | |
| 917 | + | violation of this section or any [other] municipal restrictions on the 756 | |
| 918 | + | number or density of cannabis establishments. 757 | |
| 919 | + | Sec. 11. (Effective from passage) (a) Not later than September 1, 2022, 758 | |
| 920 | + | the chairpersons of the joint standing committee of the General 759 | |
| 921 | + | Assembly having cognizance of matters relating to general law shall 760 | |
| 922 | + | convene a working group to study: 761 | |
| 923 | + | (1) The regulation of hemp; 762 Substitute Bill No. 5329 | |
| 1188 | 924 | ||
| 1189 | - | Public Act No. 22-103 38 of 54 | |
| 1190 | 925 | ||
| 1191 | - | use of marijuana by a qualifying patient who is under eighteen years of | |
| 1192 | - | age, provided such written certification shall not be for marijuana in a | |
| 1193 | - | dosage form that requires that the marijuana be smoked, inhaled or | |
| 1194 | - | vaporized. The qualifying patient or the caregiver shall report any | |
| 1195 | - | change in the identifying information to the department not later than | |
| 1196 | - | five business days after such change. The department shall issue a | |
| 1197 | - | registration certificate to the qualifying patient and to the caregiver and | |
| 1198 | - | may charge a reasonable fee, not to exceed twenty-five dollars, for each | |
| 1199 | - | registration certificate issued under this subsection. Any registration | |
| 1200 | - | fees collected by the department under this subsection shall be paid to | |
| 1201 | - | the State Treasurer and credited to the General Fund. | |
| 1202 | - | (b) Any qualifying patient who is eighteen years of age or older may | |
| 1203 | - | cultivate up to three mature cannabis plants and three immature | |
| 1204 | - | cannabis plants in the patient's primary residence at any given time, | |
| 1205 | - | provided such plants are secure from access by any individual other | |
| 1206 | - | than the patient or patient's caregiver and no more than twelve cannabis | |
| 1207 | - | plants may be grown per household. | |
| 1208 | - | (c) A dispensary shall not dispense any marijuana products in a | |
| 1209 | - | smokable, inhalable or vaporizable form to a qualifying patient who is | |
| 1210 | - | under eighteen years of age or such qualifying patient's caregiver. | |
| 1211 | - | (d) Information obtained under this section shall be confidential and | |
| 1212 | - | shall not be subject to disclosure under the Freedom of Information Act, | |
| 1213 | - | as defined in section 1-200, except that reasonable access to registry | |
| 1214 | - | information obtained under this section shall be provided to: (1) State | |
| 1215 | - | agencies, federal agencies and local law enforcement agencies for the | |
| 1216 | - | purpose of investigating or prosecuting a violation of law; (2) | |
| 1217 | - | physicians, physician assistants, advanced practice registered nurses | |
| 1218 | - | and pharmacists for the purpose of providing patient care and drug | |
| 1219 | - | therapy management and monitoring controlled substances obtained by | |
| 1220 | - | the qualifying patient; (3) public or private entities for research or | |
| 1221 | - | educational purposes, provided no individually identifiable health Substitute House Bill No. 5329 | |
| 926 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 927 | + | R01-HB.docx } | |
| 928 | + | 26 of 27 | |
| 1222 | 929 | ||
| 1223 | - | Public Act No. 22-103 39 of 54 | |
| 930 | + | (2) The possibility of including hemp in this state's cannabis program; 763 | |
| 931 | + | and 764 | |
| 932 | + | (3) Any other topic that is relevant to hemp production and 765 | |
| 933 | + | regulation. 766 | |
| 934 | + | (b) The chairpersons of the joint standing committee of the General 767 | |
| 935 | + | Assembly having cognizance of matters relating to general law shall 768 | |
| 936 | + | serve as the chairpersons of the working group and shall jointly appoint 769 | |
| 937 | + | the members of the working group, which members shall include, but 770 | |
| 938 | + | need not be limited to: 771 | |
| 939 | + | (1) Representatives from the Department of Consumer Protection, 772 | |
| 940 | + | Connecticut Farm Bureau and cannabis industry; and 773 | |
| 941 | + | (2) Members of the General Assembly who represent rural districts in 774 | |
| 942 | + | this state. 775 | |
| 943 | + | (c) The administrative staff of the joint standing committee of the 776 | |
| 944 | + | General Assembly having cognizance of matters relating to general law 777 | |
| 945 | + | shall serve as administrative staff of the working group. 778 | |
| 946 | + | (d) Not later than January 1, 2023, the working group shall submit a 779 | |
| 947 | + | report, in accordance with the provisions of section 11-4a of the general 780 | |
| 948 | + | statutes, on its findings and recommendations to the joint standing 781 | |
| 949 | + | committee of the General Assembly having cognizance of matters 782 | |
| 950 | + | relating to general law. The working group shall terminate on the date 783 | |
| 951 | + | that it submits such report or January 1, 2023, whichever is later. 784 | |
| 952 | + | This act shall take effect as follows and shall amend the following | |
| 953 | + | sections: | |
| 1224 | 954 | ||
| 1225 | - | information may be disclosed; (4) a licensed dispensary for the purpose | |
| 1226 | - | of complying with sections 21a-408 to 21a-408m, inclusive, as amended | |
| 1227 | - | by this act; (5) a qualifying patient, but only with respect to information | |
| 1228 | - | related to such qualifying patient or such qualifying patient's caregiver; | |
| 1229 | - | or (6) a caregiver, but only with respect to information related to such | |
| 1230 | - | caregiver's qualifying patient. | |
| 1231 | - | Sec. 15. Subsection (a) of section 21a-408d of the 2022 supplement to | |
| 1232 | - | the general statutes, as amended by section 14 of this act, is repealed and | |
| 1233 | - | the following is substituted in lieu thereof (Effective July 1, 2023): | |
| 1234 | - | (a) Each qualifying patient who is issued a written certification for the | |
| 1235 | - | palliative use of marijuana under subdivision (1) of subsection (a) of | |
| 1236 | - | section 21a-408a, as amended by this act, and the caregiver of such | |
| 1237 | - | qualifying patient, shall register with the Department of Consumer | |
| 1238 | - | Protection. Such registration shall be effective from the date the | |
| 1239 | - | Department of Consumer Protection issues a certificate of registration | |
| 1240 | - | until the expiration of the written certification issued by the physician, | |
| 1241 | - | physician assistant or advanced practice registered nurse. The | |
| 1242 | - | qualifying patient and the caregiver shall provide sufficient identifying | |
| 1243 | - | information, as determined by the department, to establish the personal | |
| 1244 | - | identity of the qualifying patient and the caregiver. If the qualifying | |
| 1245 | - | patient is under eighteen years of age and not an emancipated minor, | |
| 1246 | - | the custodial parent, guardian or other person having legal custody of | |
| 1247 | - | the qualifying patient shall also provide a letter from both the qualifying | |
| 1248 | - | patient's care provider and a physician who is board certified in an area | |
| 1249 | - | of medicine involved in the treatment of the debilitating condition for | |
| 1250 | - | which the qualifying patient was certified that confirms that the | |
| 1251 | - | palliative use of marijuana is in the best interest of the qualifying | |
| 1252 | - | patient. A physician may issue a written certification for the palliative | |
| 1253 | - | use of marijuana by a qualifying patient who is under eighteen years of | |
| 1254 | - | age, provided such written certification shall not be for marijuana in a | |
| 1255 | - | dosage form that requires that the marijuana be smoked, inhaled or Substitute House Bill No. 5329 | |
| 955 | + | Section 1 July 1, 2022 21a-420 | |
| 956 | + | Sec. 2 July 1, 2022 New section | |
| 957 | + | Sec. 3 July 1, 2022 New section | |
| 958 | + | Sec. 4 July 1, 2022 51-164n(a) and (b) | |
| 959 | + | Sec. 5 from passage New section | |
| 960 | + | Sec. 6 from passage 21a-420m Substitute Bill No. 5329 | |
| 1256 | 961 | ||
| 1257 | - | Public Act No. 22-103 40 of 54 | |
| 1258 | 962 | ||
| 1259 | - | vaporized. The qualifying patient or the caregiver shall report any | |
| 1260 | - | change in the identifying information to the department not later than | |
| 1261 | - | five business days after such change. The department shall issue a | |
| 1262 | - | registration certificate to the qualifying patient and to the caregiver. | |
| 1263 | - | [and may charge a reasonable fee, not to exceed twenty-five dollars, for | |
| 1264 | - | each registration certificate issued under this subsection. Any | |
| 1265 | - | registration fees collected by the department under this subsection shall | |
| 1266 | - | be paid to the State Treasurer and credited to the General Fund.] | |
| 1267 | - | Sec. 16. Section 21a-408m of the 2022 supplement to the general | |
| 1268 | - | statutes is repealed and the following is substituted in lieu thereof | |
| 1269 | - | (Effective July 1, 2022): | |
| 1270 | - | (a) The Commissioner of Consumer Protection may adopt | |
| 1271 | - | regulations, in accordance with chapter 54, to establish (1) a standard | |
| 1272 | - | form for written certifications for the palliative use of marijuana issued | |
| 1273 | - | by physicians, physician assistants and advanced practice registered | |
| 1274 | - | nurses under subdivision (1) of subsection (a) of section 21a-408a, as | |
| 1275 | - | amended by this act, and (2) procedures for registrations under section | |
| 1276 | - | 21a-408d, as amended by this act. Such regulations, if any, shall be | |
| 1277 | - | adopted after consultation with the Board of Physicians established in | |
| 1278 | - | section 21a-408l. | |
| 1279 | - | (b) The Commissioner of Consumer Protection shall adopt | |
| 1280 | - | regulations, in accordance with chapter 54, to establish a reasonable fee | |
| 1281 | - | to be collected from each qualifying patient to whom a written | |
| 1282 | - | certification for the palliative use of marijuana is issued under | |
| 1283 | - | subdivision (1) of subsection (a) of section 21a-408a, as amended by this | |
| 1284 | - | act, for the purpose of offsetting the direct and indirect costs of | |
| 1285 | - | administering the provisions of sections 21a-408 to 21a-408m, inclusive, | |
| 1286 | - | as amended by this act. The commissioner shall collect such fee at the | |
| 1287 | - | time the qualifying patient registers with the Department of Consumer | |
| 1288 | - | Protection under subsection (a) of section 21a-408d, as amended by this | |
| 1289 | - | act. Such fee shall be in addition to any registration fee that may be Substitute House Bill No. 5329 | |
| 963 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05329- | |
| 964 | + | R01-HB.docx } | |
| 965 | + | 27 of 27 | |
| 1290 | 966 | ||
| 1291 | - | Public Act No. 22-103 41 of 54 | |
| 967 | + | Sec. 7 from passage 21a-420u | |
| 968 | + | Sec. 8 from passage 21a-420d(k) | |
| 969 | + | Sec. 9 July 1, 2022 21a-421bb | |
| 970 | + | Sec. 10 from passage 21a-422f | |
| 971 | + | Sec. 11 from passage New section | |
| 1292 | 972 | ||
| 1293 | - | charged under said subsection. The fees required to be collected by the | |
| 1294 | - | commissioner from qualifying patients under this subsection shall be | |
| 1295 | - | paid to the State Treasurer and credited to the General Fund. | |
| 1296 | - | (c) The Commissioner of Consumer Protection shall adopt or amend | |
| 1297 | - | regulations, as applicable, in accordance with chapter 54, to implement | |
| 1298 | - | the provisions of sections 21a-408 to 21a-408g, inclusive, as amended by | |
| 1299 | - | this act, and section 21a-408l. Notwithstanding the requirements of | |
| 1300 | - | sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of | |
| 1301 | - | sections 21a-408 to 21a-408g, inclusive, as amended by this act, and | |
| 1302 | - | section 21a-408l, and protect public health and safety, prior to adopting | |
| 1303 | - | or amending such regulations the commissioner shall adopt policies and | |
| 1304 | - | procedures to implement the provisions of sections 21a-408 to 21a-408g, | |
| 1305 | - | inclusive, as amended by this act, and section 21a-408, as amended by | |
| 1306 | - | this act, that shall have the force and effect of law. The commissioner | |
| 1307 | - | shall post all policies and procedures on the department's Internet web | |
| 1308 | - | site, and submit such policies and procedures to the Secretary of the | |
| 1309 | - | State for posting on the eRegulations System, at least fifteen days prior | |
| 1310 | - | to the effective date of any policy or procedure. Any such policy or | |
| 1311 | - | procedure shall no longer be effective upon the earlier of either adoption | |
| 1312 | - | of such policies or procedures as a final regulation pursuant to section | |
| 1313 | - | 4-172 or forty-eight months from October 1, 2021, if such policies or | |
| 1314 | - | procedures have not been submitted to the legislative regulation review | |
| 1315 | - | committee for consideration under section 4-170. Such policies and | |
| 1316 | - | procedures and regulations shall include, but not be limited to, how the | |
| 1317 | - | department shall: | |
| 1318 | - | (1) Accept applications for the issuance and renewal of registration | |
| 1319 | - | certificates for qualifying patients and caregivers; | |
| 1320 | - | (2) Establish criteria for adding medical conditions, medical | |
| 1321 | - | treatments or diseases to the list of debilitating medical conditions that | |
| 1322 | - | qualify for the palliative use of marijuana; Substitute House Bill No. 5329 | |
| 973 | + | Statement of Legislative Commissioners: | |
| 974 | + | In Section 4(b)(1), "section 2 of this act," was deleted, "or" was bracketed | |
| 975 | + | and "or section 2 of this act" was added, for consistency; in Section 5(f), | |
| 976 | + | a comma was deleted, for clarity; and, in Section 8(k), "5 of this act, 21a- | |
| 977 | + | 420m, as amended by this act, or 21a-420u, as amended by this act" was | |
| 978 | + | changed to "21a-420m, as amended by this act, [or] 21a-420u, as | |
| 979 | + | amended by this act, or section 5 of this act", for consistency. | |
| 1323 | 980 | ||
| 1324 | - | Public Act No. 22-103 42 of 54 | |
| 1325 | - | ||
| 1326 | - | (3) Establish a petition process under which members of the public | |
| 1327 | - | may submit petitions, regarding the addition of medical conditions, | |
| 1328 | - | medical treatments or diseases to the list of debilitating medical | |
| 1329 | - | conditions; | |
| 1330 | - | (4) Establish requirements for the growing of cannabis plants by a | |
| 1331 | - | qualifying patient in his or her primary residence as authorized under | |
| 1332 | - | section 21a-408d, as amended by this act, including requirements for | |
| 1333 | - | securing such plants to prevent access by any individual other than the | |
| 1334 | - | patient or the patient's caregiver, the location of such plants and any | |
| 1335 | - | other requirements necessary to protect public health or safety; | |
| 1336 | - | (5) Develop a distribution system for marijuana for palliative use that | |
| 1337 | - | provides for: | |
| 1338 | - | (A) Marijuana production facilities within this state that are housed | |
| 1339 | - | on secured grounds and operated by producers; | |
| 1340 | - | (B) The transfer of marijuana between dispensary facilities; and | |
| 1341 | - | (C) Distribution of marijuana for palliative use to qualifying patients | |
| 1342 | - | or their caregivers by dispensary facilities, hybrid retailers and delivery | |
| 1343 | - | services, as such terms are defined in section 21a-420, as amended by | |
| 1344 | - | this act; and | |
| 1345 | - | (6) Ensure an adequate supply and variety of marijuana to dispensary | |
| 1346 | - | facilities and hybrid retailers to ensure uninterrupted availability for | |
| 1347 | - | qualifying patients, based on historical marijuana purchase patterns by | |
| 1348 | - | qualifying patients. | |
| 1349 | - | Sec. 17. Section 21a-408m of the 2022 supplement to the general | |
| 1350 | - | statutes, as amended by section 16 of this act, is repealed and the | |
| 1351 | - | following is substituted in lieu thereof (Effective July 1, 2023): | |
| 1352 | - | (a) The Commissioner of Consumer Protection may adopt Substitute House Bill No. 5329 | |
| 1353 | - | ||
| 1354 | - | Public Act No. 22-103 43 of 54 | |
| 1355 | - | ||
| 1356 | - | regulations, in accordance with chapter 54, to establish (1) a standard | |
| 1357 | - | form for written certifications for the palliative use of marijuana issued | |
| 1358 | - | by physicians, physician assistants and advanced practice registered | |
| 1359 | - | nurses under subdivision (1) of subsection (a) of section 21a-408a, as | |
| 1360 | - | amended by this act, and (2) procedures for registrations under section | |
| 1361 | - | 21a-408d, as amended by this act. Such regulations, if any, shall be | |
| 1362 | - | adopted after consultation with the Board of Physicians established in | |
| 1363 | - | section 21a-408l. | |
| 1364 | - | [(b) The Commissioner of Consumer Protection shall adopt | |
| 1365 | - | regulations, in accordance with chapter 54, to establish a reasonable fee | |
| 1366 | - | to be collected from each qualifying patient to whom a written | |
| 1367 | - | certification for the palliative use of marijuana is issued under | |
| 1368 | - | subdivision (1) of subsection (a) of section 21a-408a, for the purpose of | |
| 1369 | - | offsetting the direct and indirect costs of administering the provisions | |
| 1370 | - | of sections 21a-408 to 21a-408m, inclusive. The commissioner shall | |
| 1371 | - | collect such fee at the time the qualifying patient registers with the | |
| 1372 | - | Department of Consumer Protection under subsection (a) of section 21a- | |
| 1373 | - | 408d. Such fee shall be in addition to any registration fee that may be | |
| 1374 | - | charged under said subsection. The fees required to be collected by the | |
| 1375 | - | commissioner from qualifying patients under this subsection shall be | |
| 1376 | - | paid to the State Treasurer and credited to the General Fund.] | |
| 1377 | - | [(c)] (b) The Commissioner of Consumer Protection shall adopt or | |
| 1378 | - | amend regulations, as applicable, in accordance with chapter 54, to | |
| 1379 | - | implement the provisions of sections 21a-408 to 21a-408g, inclusive, as | |
| 1380 | - | amended by this act, and section 21a-408l. Notwithstanding the | |
| 1381 | - | requirements of sections 4-168 to 4-172, inclusive, in order to effectuate | |
| 1382 | - | the purposes of sections 21a-408 to 21a-408g, inclusive, as amended by | |
| 1383 | - | this act, and section 21a-408l, and protect public health and safety, prior | |
| 1384 | - | to adopting or amending such regulations the commissioner shall adopt | |
| 1385 | - | policies and procedures to implement the provisions of sections 21a-408 | |
| 1386 | - | to 21a-408g, inclusive, as amended by this act, and section 21a-408, as Substitute House Bill No. 5329 | |
| 1387 | - | ||
| 1388 | - | Public Act No. 22-103 44 of 54 | |
| 1389 | - | ||
| 1390 | - | amended by this act, that shall have the force and effect of law. The | |
| 1391 | - | commissioner shall post all policies and procedures on the department's | |
| 1392 | - | Internet web site, and submit such policies and procedures to the | |
| 1393 | - | Secretary of the State for posting on the eRegulations System, at least | |
| 1394 | - | fifteen days prior to the effective date of any policy or procedure. Any | |
| 1395 | - | such policy or procedure shall no longer be effective upon the earlier of | |
| 1396 | - | either adoption of such policies or procedures as a final regulation | |
| 1397 | - | pursuant to section 4-172 or forty-eight months from October 1, 2021, if | |
| 1398 | - | such policies or procedures have not been submitted to the legislative | |
| 1399 | - | regulation review committee for consideration under section 4-170. | |
| 1400 | - | Such policies and procedures and regulations shall include, but not be | |
| 1401 | - | limited to, how the department shall: | |
| 1402 | - | (1) Accept applications for the issuance and renewal of registration | |
| 1403 | - | certificates for qualifying patients and caregivers; | |
| 1404 | - | (2) Establish criteria for adding medical conditions, medical | |
| 1405 | - | treatments or diseases to the list of debilitating medical conditions that | |
| 1406 | - | qualify for the palliative use of marijuana; | |
| 1407 | - | (3) Establish a petition process under which members of the public | |
| 1408 | - | may submit petitions, regarding the addition of medical conditions, | |
| 1409 | - | medical treatments or diseases to the list of debilitating medical | |
| 1410 | - | conditions; | |
| 1411 | - | (4) Establish requirements for the growing of cannabis plants by a | |
| 1412 | - | qualifying patient in his or her primary residence as authorized under | |
| 1413 | - | section 21a-408d, as amended by this act, including requirements for | |
| 1414 | - | securing such plants to prevent access by any individual other than the | |
| 1415 | - | patient or the patient's caregiver, the location of such plants and any | |
| 1416 | - | other requirements necessary to protect public health or safety; | |
| 1417 | - | (5) Develop a distribution system for marijuana for palliative use that | |
| 1418 | - | provides for: Substitute House Bill No. 5329 | |
| 1419 | - | ||
| 1420 | - | Public Act No. 22-103 45 of 54 | |
| 1421 | - | ||
| 1422 | - | (A) Marijuana production facilities within this state that are housed | |
| 1423 | - | on secured grounds and operated by producers; | |
| 1424 | - | (B) The transfer of marijuana between dispensary facilities; and | |
| 1425 | - | (C) Distribution of marijuana for palliative use to qualifying patients | |
| 1426 | - | or their caregivers by dispensary facilities, hybrid retailers and delivery | |
| 1427 | - | services, as such terms are defined in section 21a-420, as amended by | |
| 1428 | - | this act; and | |
| 1429 | - | (6) Ensure an adequate supply and variety of marijuana to dispensary | |
| 1430 | - | facilities and hybrid retailers to ensure uninterrupted availability for | |
| 1431 | - | qualifying patients, based on historical marijuana purchase patterns by | |
| 1432 | - | qualifying patients. | |
| 1433 | - | Sec. 18. Subsection (a) of section 21a-246 of the general statutes is | |
| 1434 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 1435 | - | 2022): | |
| 1436 | - | (a) No person within this state shall manufacture, wholesale, | |
| 1437 | - | repackage, supply, compound, mix, cultivate or grow, or by other | |
| 1438 | - | process produce or prepare, controlled substances without first | |
| 1439 | - | obtaining a license to do so from the Commissioner of Consumer | |
| 1440 | - | Protection and no person within this state shall operate a laboratory for | |
| 1441 | - | the purpose of research or analysis using controlled substances without | |
| 1442 | - | first obtaining a license to do so from the Commissioner of Consumer | |
| 1443 | - | Protection, except that such activities by pharmacists or pharmacies in | |
| 1444 | - | the filling and dispensing of prescriptions or activities incident thereto, | |
| 1445 | - | or the dispensing or administering of controlled substances by dentists, | |
| 1446 | - | podiatrists, physicians, physician assistants, advanced practice | |
| 1447 | - | registered nurses or veterinarians, or other persons acting under their | |
| 1448 | - | supervision, in the treatment of patients shall not be subject to the | |
| 1449 | - | provisions of this section, and provided laboratories for instruction in | |
| 1450 | - | dentistry, medicine, nursing, pharmacy, pharmacology and Substitute House Bill No. 5329 | |
| 1451 | - | ||
| 1452 | - | Public Act No. 22-103 46 of 54 | |
| 1453 | - | ||
| 1454 | - | pharmacognosy in institutions duly licensed for such purposes in this | |
| 1455 | - | state shall not be subject to the provisions of this section except with | |
| 1456 | - | respect to narcotic drugs and schedule I and II controlled substances. | |
| 1457 | - | Upon application of any physician or physician assistant licensed | |
| 1458 | - | pursuant to chapter 370, or an advanced practice registered nurse | |
| 1459 | - | licensed pursuant to chapter 378, the Commissioner of Consumer | |
| 1460 | - | Protection shall without unnecessary delay, (1) license such physician to | |
| 1461 | - | possess and supply marijuana for the treatment of glaucoma or the side | |
| 1462 | - | effects of chemotherapy, or (2) license such physician assistant or | |
| 1463 | - | advanced practice registered nurse to possess and supply marijuana for | |
| 1464 | - | the treatment of the side effects of chemotherapy. No person outside this | |
| 1465 | - | state shall sell or supply controlled substances within this state without | |
| 1466 | - | first obtaining a license to do so from the Commissioner of Consumer | |
| 1467 | - | Protection, provided no such license shall be required of a manufacturer | |
| 1468 | - | whose principal place of business is located outside this state and who | |
| 1469 | - | is registered with the federal Drug Enforcement Administration or other | |
| 1470 | - | federal agency, and who files a copy of such registration with the | |
| 1471 | - | appropriate licensing authority under this chapter. | |
| 1472 | - | Sec. 19. Section 21a-253 of the general statutes is repealed and the | |
| 1473 | - | following is substituted in lieu thereof (Effective July 1, 2022): | |
| 1474 | - | Any person may possess or have under his control a quantity of | |
| 1475 | - | marijuana less than or equal to that quantity supplied to him pursuant | |
| 1476 | - | to a prescription made in accordance with the provisions of section 21a- | |
| 1477 | - | 249 by (1) a physician licensed under the provisions of chapter 370 and | |
| 1478 | - | further authorized by subsection (a) of section 21a-246, as amended by | |
| 1479 | - | this act, by the Commissioner of Consumer Protection to possess and | |
| 1480 | - | supply marijuana for the treatment of glaucoma or the side effects of | |
| 1481 | - | chemotherapy, or (2) a physician assistant licensed under the provisions | |
| 1482 | - | of chapter 370, or an advanced practice registered nurse licensed under | |
| 1483 | - | the provisions of chapter 378, and further authorized by subsection (a) | |
| 1484 | - | of section 21a-246, as amended by this act, by said commissioner to Substitute House Bill No. 5329 | |
| 1485 | - | ||
| 1486 | - | Public Act No. 22-103 47 of 54 | |
| 1487 | - | ||
| 1488 | - | possess and supply marijuana for the treatment of the side effects of | |
| 1489 | - | chemotherapy. | |
| 1490 | - | Sec. 20. Section 7 of public act 21-9 is repealed and the following is | |
| 1491 | - | substituted in lieu thereof (Effective July 1, 2022): | |
| 1492 | - | (a) As used in this section: | |
| 1493 | - | (1) "Advanced practice registered nurse" means an advanced practice | |
| 1494 | - | registered nurse licensed pursuant to chapter 378 of the general statutes; | |
| 1495 | - | (2) "Physician" has the same meaning as provided in section 21a-408 | |
| 1496 | - | of the general statutes, as amended by this act; | |
| 1497 | - | (3) "Physician assistant" has the same meaning as provided in section | |
| 1498 | - | 21a-408 of the general statutes, as amended by this act; | |
| 1499 | - | [(3)] (4) "Qualifying patient" has the same meaning as provided in | |
| 1500 | - | section 21a-408 of the general statutes, as amended by this act; and | |
| 1501 | - | [(4)] (5) "Written certification" has the same meaning as provided in | |
| 1502 | - | section 21a-408 of the general statutes, as amended by this act. | |
| 1503 | - | (b) Notwithstanding the provisions of sections 21a-408 to 21a-408n, | |
| 1504 | - | inclusive, of the general statutes, as amended by this act, or any other | |
| 1505 | - | section, regulation, rule, policy or procedure concerning the certification | |
| 1506 | - | of medical marijuana patients, a physician, physician assistant or | |
| 1507 | - | advanced practice registered nurse may issue a written certification to a | |
| 1508 | - | qualifying patient and provide any follow-up care using telehealth | |
| 1509 | - | services during the period beginning on the effective date of this section | |
| 1510 | - | and ending on June 30, 2023, provided all other requirements for issuing | |
| 1511 | - | the written certification to the qualifying patient and all recordkeeping | |
| 1512 | - | requirements are satisfied. | |
| 1513 | - | Sec. 21. Section 21a-420d of the 2022 supplement to the general | |
| 1514 | - | statutes is repealed and the following is substituted in lieu thereof Substitute House Bill No. 5329 | |
| 1515 | - | ||
| 1516 | - | Public Act No. 22-103 48 of 54 | |
| 1517 | - | ||
| 1518 | - | (Effective from passage): | |
| 1519 | - | (a) There is established a Social Equity Council, which shall be within | |
| 1520 | - | the Department of Economic and Community Development for | |
| 1521 | - | administrative purposes only. | |
| 1522 | - | (b) The council shall consist of fifteen members as follows: | |
| 1523 | - | (1) One appointed by the speaker of the House of Representatives, | |
| 1524 | - | who has a professional background of not less than five years working | |
| 1525 | - | in the field of either social justice or civil rights; | |
| 1526 | - | (2) One appointed by the president pro tempore of the Senate, who | |
| 1527 | - | has a professional background of not less than five years working in the | |
| 1528 | - | field of either social justice or civil rights; | |
| 1529 | - | (3) One appointed by the majority leader of the House of | |
| 1530 | - | Representatives, who has a professional background of not less than five | |
| 1531 | - | years working in the field of economic development to help minority- | |
| 1532 | - | owned businesses; | |
| 1533 | - | (4) One appointed by the majority leader of the Senate, who has a | |
| 1534 | - | professional background of not less than five years in providing access | |
| 1535 | - | to capital to minorities, as defined in section 32-9n; | |
| 1536 | - | (5) One appointed by the minority leader of the House of | |
| 1537 | - | Representatives, who is from a community that has been | |
| 1538 | - | disproportionately harmed by cannabis prohibition and enforcement; | |
| 1539 | - | (6) One appointed by the minority leader of the Senate, who has a | |
| 1540 | - | professional background of not less than five years in providing access | |
| 1541 | - | to capital to minorities, as defined in section 32-9n; | |
| 1542 | - | (7) One appointed by the chairperson of the Black and Puerto Rican | |
| 1543 | - | Caucus of the General Assembly; Substitute House Bill No. 5329 | |
| 1544 | - | ||
| 1545 | - | Public Act No. 22-103 49 of 54 | |
| 1546 | - | ||
| 1547 | - | (8) Four appointed by the Governor, one who is from a community | |
| 1548 | - | that has been disproportionately harmed by cannabis prohibition and | |
| 1549 | - | enforcement, one who has a professional background of not less than | |
| 1550 | - | five years working in the field of economic development and one who | |
| 1551 | - | is an executive branch official focused on workforce development; | |
| 1552 | - | (9) The Commissioner of Consumer Protection, or the commissioner's | |
| 1553 | - | designee; | |
| 1554 | - | (10) The Commissioner of Economic and Community Development, | |
| 1555 | - | or the commissioner's designee; | |
| 1556 | - | (11) The State Treasurer, or the State Treasurer's designee; and | |
| 1557 | - | (12) The Secretary of the Office of Policy and Management, or the | |
| 1558 | - | secretary's designee. | |
| 1559 | - | (c) In making the appointments in subsection (b) of this section, the | |
| 1560 | - | appointing authority shall use best efforts to make appointments that | |
| 1561 | - | reflect the racial, gender and geographic diversity of the population of | |
| 1562 | - | the state. All appointments shall be made not later than [thirty days after | |
| 1563 | - | the effective date of this section] July 30, 2021, and the Governor shall | |
| 1564 | - | appoint the chairperson of the council from among the members of the | |
| 1565 | - | council. Members appointed by the Governor shall serve a term of four | |
| 1566 | - | years from the time of appointment and members appointed by any | |
| 1567 | - | other appointing authority shall serve a term of three years from the | |
| 1568 | - | time of appointment. The appointing authority shall fill any vacancy for | |
| 1569 | - | the unexpired term. The Governor shall appoint an interim executive | |
| 1570 | - | director to operationalize and support the council until, | |
| 1571 | - | notwithstanding the provisions of section 4-9a, the council appoints an | |
| 1572 | - | executive director. Subject to the provisions of chapter 67, and within | |
| 1573 | - | available appropriations, the council may thereafter appoint an | |
| 1574 | - | executive director and such other employees as may be necessary for the | |
| 1575 | - | discharge of the duties of the council. Substitute House Bill No. 5329 | |
| 1576 | - | ||
| 1577 | - | Public Act No. 22-103 50 of 54 | |
| 1578 | - | ||
| 1579 | - | (d) A majority of the members of the council shall constitute a | |
| 1580 | - | quorum for the transaction of any business. The members of the council | |
| 1581 | - | shall serve without compensation, but shall, within available | |
| 1582 | - | appropriations, be reimbursed for expenses necessarily incurred in the | |
| 1583 | - | performance of their duties. Any member who fails to attend three | |
| 1584 | - | consecutive meetings held after the effective date of this section, or who | |
| 1585 | - | fails to attend fifty per cent of all meetings held during any calendar | |
| 1586 | - | year beginning on or after January 1, 2023, shall be deemed to have | |
| 1587 | - | resigned from office. The appointing authority shall fill the vacancy for | |
| 1588 | - | the unexpired term of any member who is deemed to have resigned | |
| 1589 | - | from office under this subsection, and shall use best efforts to ensure | |
| 1590 | - | such appointment reflects the racial, gender and geographic diversity of | |
| 1591 | - | the population of the state. | |
| 1592 | - | (e) The council may (1) request, and shall receive, from any state | |
| 1593 | - | agency such information and assistance as the council may require; (2) | |
| 1594 | - | use such funds as may be available from federal, state or other sources | |
| 1595 | - | and may enter into contracts to carry out the purposes of the council, | |
| 1596 | - | including, but not limited to, contracts or agreements with Connecticut | |
| 1597 | - | Innovations, Incorporated, constituent units of the state system of | |
| 1598 | - | higher education, regional workforce development boards and | |
| 1599 | - | community development financial institutions; (3) utilize voluntary and | |
| 1600 | - | uncompensated services of private individuals, state or federal agencies | |
| 1601 | - | and organizations as may, from time to time, be offered and needed; (4) | |
| 1602 | - | accept any gift, donation or bequest for the purpose of performing the | |
| 1603 | - | duties of the council; (5) hold public hearings; (6) establish such | |
| 1604 | - | standing committees, as necessary, to perform the duties of the council; | |
| 1605 | - | and (7) adopt regulations, in accordance with chapter 54, as it may deem | |
| 1606 | - | necessary to carry out the duties of the council. | |
| 1607 | - | (f) The council shall promote and encourage full participation in the | |
| 1608 | - | cannabis industry by persons from communities that have been | |
| 1609 | - | disproportionately harmed by cannabis prohibition and enforcement. Substitute House Bill No. 5329 | |
| 1610 | - | ||
| 1611 | - | Public Act No. 22-103 51 of 54 | |
| 1612 | - | ||
| 1613 | - | (g) Not later than forty-five days after June 22, 2021, or at a later date | |
| 1614 | - | determined by the council, the council shall establish criteria for | |
| 1615 | - | proposals to conduct a study under this section and the Secretary of the | |
| 1616 | - | Office of Policy and Management shall post on the State Contracting | |
| 1617 | - | Portal a request for proposals to conduct a study, and shall select an | |
| 1618 | - | independent third party to conduct such study and provide detailed | |
| 1619 | - | findings of fact regarding the following matters in the state or other | |
| 1620 | - | matters determined by the council: | |
| 1621 | - | (1) Historical and present-day social, economic and familial | |
| 1622 | - | consequences of cannabis prohibition, the criminalization and | |
| 1623 | - | stigmatization of cannabis use and related public policies; | |
| 1624 | - | (2) Historical and present-day structures, patterns, causes and | |
| 1625 | - | consequences of intentional and unintentional racial discrimination and | |
| 1626 | - | racial disparities in the development, application and enforcement of | |
| 1627 | - | cannabis prohibition and related public policies; | |
| 1628 | - | (3) Foreseeable long-term social, economic and familial consequences | |
| 1629 | - | of unremedied past racial discrimination and disparities arising from | |
| 1630 | - | past and continued cannabis prohibition, stigmatization and | |
| 1631 | - | criminalization; | |
| 1632 | - | (4) Existing patterns of racial discrimination and racial disparities in | |
| 1633 | - | access to entrepreneurship, employment and other economic benefits | |
| 1634 | - | arising in the lawful palliative use cannabis sector as established | |
| 1635 | - | pursuant to chapter 420f; and | |
| 1636 | - | (5) Any other matters that the council deems relevant and feasible for | |
| 1637 | - | study for the purpose of making reasonable and practical | |
| 1638 | - | recommendations for the establishment of an equitable and lawful | |
| 1639 | - | adult-use cannabis business sector in this state. | |
| 1640 | - | (h) Not later than January 1, 2022, the council shall, taking into | |
| 1641 | - | account the results of the study conducted in accordance with Substitute House Bill No. 5329 | |
| 1642 | - | ||
| 1643 | - | Public Act No. 22-103 52 of 54 | |
| 1644 | - | ||
| 1645 | - | subsection (g) of this section, make written recommendations, in | |
| 1646 | - | accordance with the provisions of section 11-4a, to the Governor and the | |
| 1647 | - | joint standing committees of the General Assembly having cognizance | |
| 1648 | - | of matters relating to finance, revenue and bonding, consumer | |
| 1649 | - | protection and the judiciary regarding legislation to implement the | |
| 1650 | - | provisions of this section. The council shall make recommendations | |
| 1651 | - | regarding: | |
| 1652 | - | (1) Creating programs to ensure that individuals from communities | |
| 1653 | - | that have been disproportionately harmed by cannabis prohibition and | |
| 1654 | - | enforcement are provided equal access to licenses for cannabis | |
| 1655 | - | establishments; | |
| 1656 | - | (2) Specifying additional qualifications for social equity applicants; | |
| 1657 | - | (3) Providing for expedited or priority license processing for each | |
| 1658 | - | license as a retailer, hybrid retailer, cultivator, micro-cultivator, product | |
| 1659 | - | manufacturer, food and beverage manufacturer, product packager, | |
| 1660 | - | transporter and delivery service license for social equity applicants; | |
| 1661 | - | (4) Establishing minimum criteria for any cannabis establishment | |
| 1662 | - | licensed on or after January 1, 2022, that is not owned by a social equity | |
| 1663 | - | applicant, to comply with an approved workforce development plan to | |
| 1664 | - | reinvest or provide employment and training opportunities for | |
| 1665 | - | individuals in disproportionately impacted areas; | |
| 1666 | - | (5) Establishing criteria for a social equity plan for any cannabis | |
| 1667 | - | establishment licensed on or after January 1, 2022, to further the | |
| 1668 | - | principles of equity, as defined in section 21a-420, as amended by this | |
| 1669 | - | act; | |
| 1670 | - | (6) Recruiting individuals from communities that have been | |
| 1671 | - | disproportionately harmed by cannabis prohibition and enforcement to | |
| 1672 | - | enroll in the workforce training program established pursuant to section | |
| 1673 | - | 21a-421g; Substitute House Bill No. 5329 | |
| 1674 | - | ||
| 1675 | - | Public Act No. 22-103 53 of 54 | |
| 1676 | - | ||
| 1677 | - | (7) Potential uses for revenue generated under RERACA to further | |
| 1678 | - | equity; | |
| 1679 | - | (8) Encouraging participation of investors, cannabis establishments, | |
| 1680 | - | and entrepreneurs in the cannabis business accelerator program | |
| 1681 | - | established pursuant to section 21a-421f; | |
| 1682 | - | (9) Establishing a process to best ensure that social equity applicants | |
| 1683 | - | have access to the capital and training needed to own and operate a | |
| 1684 | - | cannabis establishment; and | |
| 1685 | - | (10) Developing a vendor list of women-owned and minority-owned | |
| 1686 | - | businesses that cannabis establishments may contract with for necessary | |
| 1687 | - | services, including, but not limited to, office supplies, information | |
| 1688 | - | technology infrastructure and cleaning services. | |
| 1689 | - | (i) Not later than August 1, 2021, and annually thereafter, the council | |
| 1690 | - | shall use the most recent five-year United States Census Bureau | |
| 1691 | - | American Community Survey estimates or any successor data to | |
| 1692 | - | determine one or more United States census tracts in the state that are a | |
| 1693 | - | disproportionately impacted area and shall publish a list of such tracts | |
| 1694 | - | on the council's Internet web site. | |
| 1695 | - | (j) After developing criteria for workforce development plans as | |
| 1696 | - | described in subdivision (4) of subsection (h) of this section, the council | |
| 1697 | - | shall review and approve or deny in writing any such plan submitted | |
| 1698 | - | by a producer under section 21a-420l or a hybrid-retailer under section | |
| 1699 | - | 21a-420u, as amended by this act. | |
| 1700 | - | (k) The council shall develop criteria for evaluating the ownership | |
| 1701 | - | and control of any equity joint venture created under section 21a-420m, | |
| 1702 | - | as amended by this act, [or] 21a-420u, as amended by this act, or section | |
| 1703 | - | 5 of this act and shall review and approve or deny in writing such equity | |
| 1704 | - | joint venture prior to such equity joint venture being licensed under | |
| 1705 | - | section 21a-420m, as amended by this act, [or] 21a-420u, as amended by Substitute House Bill No. 5329 | |
| 1706 | - | ||
| 1707 | - | Public Act No. 22-103 54 of 54 | |
| 1708 | - | ||
| 1709 | - | this act, or section 5 of this act. After developing criteria for social equity | |
| 1710 | - | plans as described in subdivision (5) of subsection (h) of this section, the | |
| 1711 | - | council shall review and approve or deny in writing any such plan | |
| 1712 | - | submitted by a cannabis establishment as part of its final license | |
| 1713 | - | application. The council shall not approve any equity joint venture | |
| 1714 | - | applicant which shares with an equity joint venture any individual | |
| 1715 | - | owner who meets the criteria established in subparagraphs (A) and (B) | |
| 1716 | - | of subdivision (48) of section 21a-420, as amended by this act. | |
| 1717 | - | (l) The Social Equity Council shall, upon receipt of funds from | |
| 1718 | - | producers in accordance with subdivision (5) of subsection (b) of section | |
| 1719 | - | 21a-420l, develop a program to assist social equity applicants to open | |
| 1720 | - | not more than two micro-cultivator establishment businesses in total. | |
| 1721 | - | Producers shall provide mentorship to such social equity applicants. | |
| 1722 | - | The Social Equity Council shall, with the department, determine a | |
| 1723 | - | system to select social equity applicants to participate in such program | |
| 1724 | - | without participating in a lottery or request for proposals. | |
| 981 | + | GL Joint Favorable Subst. | |
| 1725 | 982 |