Substitute House Bill No. 5329
Public Act No. 22-103
AN ACT CONCERNING CANNABIS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 21a-420 of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
As used in RERACA, unless the context otherwise requires:
(1) "Responsible and Equitable Regulation of Adult-Use Cannabis
Act" or "RERACA" means this section, sections 2-56j, 7-294kk, 7-294ll,
12-330ll to 12-330nn, inclusive, 14-227p, 21a-278b, 21a-278c, 21a-279c,
21a-279d, 21a-420a to 21a-420i, inclusive, 21a-420l to 21a-421r, inclusive,
21a-421aa to 21a-421ff, inclusive, 21a-421aaa to 21a-421ggg, inclusive,
21a-422 to 21a-422c, inclusive, 21a-422e to 21a-422g, inclusive, 21a-422j
to 21a-422s, inclusive, 22-61n, 23-4b, 47a-9a, 53-247a, 53a-213a, 53a-213b,
54-33p, 54-56q, 54-56r, 54-125k and 54-142u, sections 23, 60, 63 to 65,
inclusive, 124, 144 and 165 of public act 21-1 of the June special session
and the amendments in public act 21-1 of the June special session to
sections 7-148, 10-221, 12-30a, 12-35b, 12-412, 12-650, 12-704d, 14-44k, 14-
111e, 14-227a to 14-227c, inclusive, 14-227j, 15-140q, 15-140r, 18-100h,
19a-342, 19a-342a, 21a-267, 21a-277, 21a-279, 21a-279a, 21a-408 to 21a-
408f, inclusive, as amended by this act, 21a-408h to 21a-408p, inclusive, Substitute House Bill No. 5329
Public Act No. 22-103 2 of 54
21a-408r to 21a-408v, inclusive, 30-89a, 31-40q, 32-39, 46b-120, 51-164n,
as amended by this act, 53-394, 53a-39c, 54-1m, 54-33g, 54-41b, 54-56e,
54-56g, 54-56i, 54-56k, 54-56n, 54-63d, 54-66a, [and] 54-142e, section 2 of
this act and section 5 of this act;
(2) "Backer" means any individual with a direct or indirect financial
interest in a cannabis establishment. "Backer" does not include an
individual with an investment interest in a cannabis establishment if (A)
the interest held by such individual and such individual's spouse,
parent or child, in the aggregate, does not exceed five per cent of the
total ownership or interest rights in such cannabis establishment, and
(B) such individual does not participate directly or indirectly in the
control, management or operation of the cannabis establishment;
(3) "Cannabis" means marijuana, as defined in section 21a-240;
(4) "Cannabis establishment" means a producer, dispensary facility,
cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage
manufacturer, product manufacturer, product packager, delivery
service or transporter;
(5) "Cannabis flower" means the flower, including abnormal and
immature flowers, of a plant of the genus cannabis that has been
harvested, dried and cured, and prior to any processing whereby the
flower material is transformed into a cannabis product. "Cannabis
flower" does not include (A) the leaves or stem of such plant, or (B)
hemp, as defined in section 22-61l;
(6) "Cannabis trim" means all parts, including abnormal or immature
parts, of a plant of the genus cannabis, other than cannabis flower, that
have been harvested, dried and cured, and prior to any processing
whereby the plant material is transformed into a cannabis product.
"Cannabis trim" does not include hemp, as defined in section 22-61l;
(7) "Cannabis product" means cannabis that is in the form of a Substitute House Bill No. 5329
Public Act No. 22-103 3 of 54
cannabis concentrate or a product that contains cannabis, which may be
combined with other ingredients, and is intended for use or
consumption. "Cannabis product" does not include the raw cannabis
plant;
(8) "Cannabis concentrate" means any form of concentration,
including, but not limited to, extracts, oils, tinctures, shatter and waxes,
that is extracted from cannabis;
(9) "Cannabis-type substances" have the same meaning as
"marijuana", as defined in section 21a-240;
(10) "Commissioner" means the Commi ssioner of Consumer
Protection and includes any designee of the commissioner;
(11) "Consumer" means an individual who is twenty-one years of age
or older;
(12) "Cultivation" has the same meaning as provided in section 21a-
408, as amended by this act;
(13) "Cultivator" means a person that is licensed to engage in the
cultivation, growing and propagation of the cannabis plant at an
establishment with not less than fifteen thousand square feet of grow
space;
(14) "Delivery service" means a person that is licensed to deliver
cannabis from (A) micro-cultivators, retailers and hybrid retailers to
consumers and research program subjects, and (B) hybrid retailers and
dispensary facilities to qualifying patients, caregivers and research
program subjects, as defined in section 21a-408, as amended by this act,
or to hospices or other inpatient care facilities licensed by the
Department of Public Health pursuant to chapter 368v that have a
protocol for the handling and distribution of cannabis that has been
approved by the department, or a combination thereof; Substitute House Bill No. 5329
Public Act No. 22-103 4 of 54
(15) "Department" means the Department of Consumer Protection;
(16) "Dispensary facility" means a place of business where cannabis
may be dispensed, sold or distributed in accordance with chapter 420f
and any regulations adopted thereunder, to qualifying patients and
caregivers, and to which the department has issued a dispensary facility
license under chapter 420f and any regulations adopted thereunder;
(17) "Disproportionately impacted area" means a United States
census tract in the state that has, as determined by the Social Equity
Council under section 21a-420d, as amended by this act, (A) a historical
conviction rate for drug-related offenses greater than one-tenth, or (B)
an unemployment rate greater than ten per cent;
(18) "Disqualifying conviction" means a conviction within the last ten
years which has not been the subject of an absolute pardon under the
provisions of section 54-130a, or an equivalent pardon process under the
laws of another state or the federal government, for an offense under (A)
section 53a-276, 53a-277 or 53a-278; (B) section 53a-291, 53a-292 or 53a-
293; (C) section 53a-215; (D) section 53a-138 or 53a-139; (E) section 53a-
142a; (F) sections 53a-147 to 53a-162, inclusive; (G) sections 53a-125c to
53a-125f, inclusive; (H) section 53a-129b, 53a-129c or 53a-129d; (I)
subsection (b) of section 12-737; (J) section 53a-48 or 53a-49, if the offense
which is attempted or is an object of the conspiracy is an offense under
the statutes listed in subparagraphs (A) to (I), inclusive, of this
subdivision; or (K) the law of any other state or of the federal
government, if the offense on which such conviction is based is defined
by elements that substantially include the elements of an offense under
the statutes listed in subparagraphs (A) to (J), inclusive, of this
subdivision;
(19) "Dispensary technician" means an individual who has had an
active pharmacy technician or dispensary technician registration in this
state within the past five years, is affiliated with a dispensary facility or Substitute House Bill No. 5329
Public Act No. 22-103 5 of 54
hybrid retailer and is registered with the department in accordance with
chapter 420f and any regulations adopted thereunder;
(20) "Employee" means any person who is not a backer, but is a
member of the board of a company with an ownership interest in a
cannabis establishment, and any person employed by a cannabis
establishment or who otherwise has access to such establishment or the
vehicles used to transport cannabis, including, but not limited to, an
independent contractor who has routine access to the premises of such
establishment or to the cannabis handled by such establishment;
(21) "Equity" and "equitable" means efforts, regulations, policies,
programs, standards, processes and any other functions of government
or principles of law and governance intended to: (A) Identify and
remedy past and present patterns of discrimination and disparities of
race, ethnicity, gender and sexual orientation; (B) ensure that such
patterns of discrimination and disparities, whether intentional or
unintentional, are neither reinforced nor perpetuated; and (C) prevent
the emergence and persistence of foreseeable future patterns of
discrimination or disparities of race, ethnicity, gender, and sexual
orientation;
(22) "Equity joint venture" means a business entity that is at least fifty
per cent owned and controlled by an individual or individuals, or such
applicant is an individual, who meets the criteria of subparagraphs (A)
and (B) of subdivision (48) of this section;
(23) "Extract" means the preparation, compounding, conversion or
processing of cannabis, either directly or indirectly by extraction or
independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis to produce a cannabis concentrate;
(24) "Financial interest" means any right to, ownership, an investment
or a compensation arrangement with another person, directly, through Substitute House Bill No. 5329
Public Act No. 22-103 6 of 54
business, investment or family. "Financial interest" does not include
ownership of investment securities in a publicly-held corporation that
is traded on a national exchange or over-the-counter market, provided
the investment securities held by such person and such person's spouse,
parent or child, in the aggregate, do not exceed one-half of one per cent
of the total number of shares issued by the corporation;
(25) "Food and beverage manufacturer" means a person that is
licensed to own and operate a place of business that acquires cannabis
and creates food and beverages;
(26) "Grow space" means the portion of a premises owned and
controlled by a producer, cultivator or micro-cultivator that is utilized
for the cultivation, growing or propagation of the cannabis plant, and
contains cannabis plants in an active stage of growth, measured starting
from the outermost wall of the room containing cannabis plants and
continuing around the outside of the room. "Grow space" does not
include space used to cure, process, store harvested cannabis or
manufacture cannabis once the cannabis has been harvested;
(27) "Historical conviction count for drug-related offenses" means, for
a given area, the number of convictions of residents of such area (A) for
violations of sections 21a-267, 21a-277, 21a-278, 21a-279 and 21a-279a,
and (B) who were arrested for such violations between January 1, 1982,
and December 31, 2020, inclusive, where such arrest was recorded in
databases maintained by the Department of Emergency Services and
Public Protection;
(28) "Historical conviction rate for drug-related offenses" means, for
a given area, the historical conviction count for drug-related offenses
divided by the population of such area, as determined by the five-year
estimates of the most recent American Community Survey conducted
by the United States Census Bureau; Substitute House Bill No. 5329
Public Act No. 22-103 7 of 54
(29) "Hybrid retailer" means a person that is licensed to purchase
cannabis and sell cannabis and medical marijuana products;
(30) "Key employee" means an employee with the following
management position or an equivalent title within a cannabis
establishment: (A) President or chief officer, who is the top ranking
individual at the cannabis establishment and is responsible for all staff
and overall direction of business operations; (B) financial manager, who
is the individual who reports to the president or chief officer and who is
generally responsible for oversight of the financial operations of the
cannabis establishment, including, but not limited to, revenue
generation, distributions, tax compliance and budget implementation;
or (C) compliance manager, who is the individual who reports to the
president or chief officer and who is generally responsible for ensuring
the cannabis establishment complies with all laws, regulations and
requirements related to the operation of the cannabis establishment;
(31) "Laboratory" means a laboratory located in the state that is
licensed by the department to provide analysis of cannabis that meets
the licensure requirements set forth in section 21a-246, as amended by
this act;
(32) "Laboratory employee" means an individual who is registered as
a laboratory employee pursuant to section 21a-408r;
(33) "Labor peace agreement" means an agreement between a
cannabis establishment and a bona fide labor organization under section
21a-421d pursuant to which the owners and management of the
cannabis establishment agree not to lock out employees and that
prohibits the bona fide labor organization from engaging in picketing,
work stoppages or boycotts against the cannabis establishment;
(34) "Manufacture" means to add or incorporate cannabis into other
products or ingredients or create a cannabis product; Substitute House Bill No. 5329
Public Act No. 22-103 8 of 54
(35) "Medical marijuana product" means cannabis that may be
exclusively sold to qualifying patients and caregivers by dispensary
facilities and hybrid retailers and which are designated by the
commissioner as reserved for sale to qualifying patients and caregivers
and published on the department's Internet web site;
(36) "Micro-cultivator" means a person licensed to engage in the
cultivation, growing and propagation of the cannabis plant at an
establishment containing not less than two thousand square feet and not
more than ten thousand square feet of grow space, prior to any
expansion authorized by the commissioner;
(37) "Municipality" means any town, city or borough, consolidated
town and city or consolidated town and borough;
(38) "Paraphernalia" means drug paraphernalia, as defined in section
21a-240;
(39) "Person" means an individual, partnership, limited liability
company, society, association, joint stock company, corporation, estate,
receiver, trustee, assignee, referee or any other legal entity and any other
person acting in a fiduciary or representative capacity, whether
appointed by a court or otherwise, and any combination thereof;
(40) "Producer" means a person that is licensed as a producer
pursuant to section 21a-408i and any regulations adopted thereunder;
(41) "Product manufacturer" means a person that is licensed to obtain
cannabis, extract and manufacture products exclusive to such license
type;
(42) "Product packager" means a person that is licensed to package
and label cannabis;
(43) "Qualifying patient" has the same meaning as provided in section Substitute House Bill No. 5329
Public Act No. 22-103 9 of 54
21a-408, as amended by this act;
(44) "Research program" has the same meaning as provided in section
21a-408, as amended by this act;
(45) "Retailer" means a person, excluding a dispensary facility and
hybrid retailer, that is licensed to purchase cannabis from producers,
cultivators, micro-cultivators, product manufacturers and food and
beverage manufacturers and to sell cannabis to consumers and research
programs;
(46) "Sale" or "sell" has the same meaning as provided in section 21a-
240;
(47) "Social Equity Council" or "council" means the council
established under section 21a-420d, as amended by this act;
(48) "Social equity applicant" means a person that has applied for a
license for a cannabis establishment, where such applicant is at least
sixty-five per cent owned and controlled by an individual or
individuals, or such applicant is an individual, who:
(A) Had an average household income of less than three hundred per
cent of the state median household income over the three tax years
immediately preceding such individual's application; and
(B) (i) Was a resident of a disproportionately impacted area for not
less than five of the ten years immediately preceding the date of such
application; or
(ii) Was a resident of a disproportionately impacted area for not less
than nine years prior to attaining the age of eighteen;
(49) "THC" has the same meaning as provided in section 21a-240;
(50) "Third-party lottery operator" means a person, or a constituent Substitute House Bill No. 5329
Public Act No. 22-103 10 of 54
unit of the state system of higher education, that conducts lotteries
pursuant to section 21a-420g, identifies the cannabis establishment
license applications for consideration without performing any review of
the applications that are identified for consideration, and that has no
direct or indirect oversight of or investment in a cannabis establishment
or a cannabis establishment applicant;
(51) "Transfer" means to transfer, change, give or otherwise dispose
of control over or interest in;
(52) "Transport" means to physically move from one place to another;
(53) "Transporter" means a person licensed to transport cannabis
between cannabis establishments, laboratories and research programs;
and
(54) "Unemployment rate" means, in a given area, the number of
people sixteen years of age or older who are in the civilian labor force
and unemployed divided by the number of people sixteen years of age
or older who are in the civilian labor force.
Sec. 2. (NEW) (Effective from passage) (a) Notwithstanding any
provision of the general statutes, no person shall gift, sell or transfer
cannabis to another person: (1) To induce, or in exchange for, any
donation for any purpose, including, but not limited to, any charitable
donation or any donation made to gain admission to any event; (2) at
any location, other than a dispensary facility, retailer or hybrid-retailer,
(A) where a consumer may purchase any item other than cannabis, a
cannabis product or services related to cannabis, or (B) that requires
consideration, including, but not limited to, membership in any club, in
order to gain admission to such location; or (3) as part of any giveaway
associated with attendance at any event, including, but not limited to,
any giveaway made by way of a door prize, goodie bag or swag bag.
The provisions of this subsection shall not be construed to prohibit any Substitute House Bill No. 5329
Public Act No. 22-103 11 of 54
gift of cannabis between individuals with a bona fide social relationship,
provided such gift is made without consideration and is not associated
with any commercial transaction.
(b) Any person who violates the provisions of subsection (a) of this
section shall, in addition to any other penalty provided by law: (1) Be
subject to a fine imposed by a municipality under section 3 of this act;
(2) be fined one thousand dollars per offense, in accordance with the
provisions of section 51-164n of the general statutes, as amended by this
act, by the Commissioner of Emergency Services and Public Protection;
and (3) be subject to an administrative hearing held by the
Commissioner of Revenue Services pursuant to chapter 54 of the general
statutes for failure to pay taxes, which may result in a civil penalty of
not more than one thousand dollars per violation. For the purposes of
this subsection, "per offense" and "per violation" mean either per
transaction or per day the violation continues, as determined by the
Commissioner of Emergency Services and Public Protection for the
purposes of subdivision (2) of this subsection or the Commissioner of
Revenue Services for the purposes of subdivision (3) of this subsection.
Sec. 3. (NEW) (Effective from passage) Any municipality may establish,
by ordinance, a fine for violations of section 2 of this act, provided the
amount of any such fine shall not be greater than one thousand dollars
per violation. Any police officer or other person authorized by the chief
executive officer of the municipality may issue a citation to any person
who commits such a violation. Any municipality that adopts an
ordinance pursuant to this section shall also adopt a citation hearing
procedure pursuant to section 7-152c of the general statutes. Any fine
collected by a municipality pursuant to this section shall be deposited
into the general fund of the municipality or in any special fund
designated by the municipality.
Sec. 4. Subsections (a) and (b) of section 51-164n of the 2022
supplement to the general statutes are repealed and the following is Substitute House Bill No. 5329
Public Act No. 22-103 12 of 54
substituted in lieu thereof (Effective from passage):
(a) There shall be a Centralized Infractions Bureau of the Superior
Court to handle payments or pleas of not guilty with respect to the
commission of an infraction under any provision of the general statutes
or a violation set forth in subsection (b) of this section. Except as
provided in section 51-164o, any person who is alleged to have
committed an infraction or a violation under subsection (b) of this
section may plead not guilty or pay the established fine and any
additional fee or cost for the infraction or such violation.
(b) Notwithstanding any provision of the general statutes, any person
who is alleged to have committed (1) a violation under the provisions of
section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-
393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-
251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4)
of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-
435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115,
13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247, 13a-253
or 13a-263, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-
292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c,
subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection
(d) of section 14-12, section 14-20a or 14-27a, subsection (f) of section 14-
34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58,
subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g)
of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b,
14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first
violation as specified in subsection (f) of section 14-164i, section 14-219
as specified in subsection (e) of said section, subdivision (1) of section
14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-
261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or
14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-
296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or Substitute House Bill No. 5329
Public Act No. 22-103 13 of 54
14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-
33, subdivision (1) of section 15-97, subsection (a) of section 15-115,
section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section
16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-
131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section
19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-
222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-
336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-
231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334,
section 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43,
21-47, 21-48, 21-63, subsection (d) of section 21-71 or section 21-76a,
subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section
21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26
or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63
or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154,
subdivision (1) of subsection (a) of section 21a-159, section 21a-278b,
subsection (c), (d) or (e) of section 21a-279a, section 21a-421eee, 21a-
421fff, 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-30, 22-34, 22-
35, 22-36, 22-38, 22-39, 22-39f, 22-49, 22-54, 22-61j or 22-61l, subdivision
(1) of subsection (n) of section 22-61l, subsection (f) of section 22-61m,
subdivision (1) of subsection (f) of section 22-61m, subsection (d) of
section 22-84, section 22-89, 22-90, 22-96, 22-98, 22-99, 22-100, 22-111o,
22-167, subsection (c) of section 22-277, section 22-278, 22-279, 22-280a,
22-318a, 22-320h, 22-324a, 22-326, subsection (b), subdivision (1) or (2) of
subsection (e) or subsection (g) of section 22-344, subdivision (2) of
subsection (b) of section 22-344b, subsection (d) of section 22-344c,
subsection (d) of section 22-344d, section 22-344f, 22-350a, 22-354, 22-
359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection
(a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363
or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449,
22a-461, 23-4b, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1)
of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of
section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26- Substitute House Bill No. 5329
Public Act No. 22-103 14 of 54
40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of
subsection (d) of section 26-61, section 26-64, subdivision (1) of section
26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-
105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision
(1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a,
subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244,
26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-
6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of
section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29-
198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c,
section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12,
31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38,
31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or
(c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or
31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of
section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-
658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22,
46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-
249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-
323, 53-331 or 53-344, subsection (c) of section 53-344b, [or] section 53-
450 or section 2 of this act, or (2) a violation under the provisions of
chapter 268, or (3) a violation of any regulation adopted in accordance
with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation
of any ordinance, regulation or bylaw of any town, city or borough,
except violations of building codes and the health code, for which the
penalty exceeds ninety dollars but does not exceed two hundred fifty
dollars, unless such town, city or borough has established a payment
and hearing procedure for such violation pursuant to section 7-152c,
shall follow the procedures set forth in this section.
Sec. 5. (NEW) (Effective from passage) (a) A cultivator licensed under
section 21a-420o of the general statutes may create not more than two
equity joint ventures to be approved by the Social Equity Council under Substitute House Bill No. 5329
Public Act No. 22-103 15 of 54
section 21a-420d of the general statutes, as amended by this act, and
licensed by the department under this section. The equity joint venture
shall be in any cannabis establishment licensed business, other than a
cultivator license.
(b) The equity joint venture applicant shall submit an application to
the Social Equity Council that may include, but need not be limited to,
evidence of business formation, ownership allocation, terms of
ownership and financing and proof of social equity status. The equity
joint venture applicant shall submit to the Social Equity Council
information including, but not limited to, the organizing documents of
the entity that outline the ownership stake of each backer, initial backer
investment and payout information to enable the council to determine
the terms of ownership.
(c) Upon obtaining the written approval of the Social Equity Council
for an equity joint venture, the equity joint venture applicant shall apply
for a license from the department in the same form as required by all
other licensees of the same license type, except that such application
shall not be subject to the lottery.
(d) A cultivator licensed under section 21a-420o of the general
statutes, including the backer of such cultivator, shall not increase its
ownership in an equity joint venture in excess of fifty per cent during
the seven-year period after a license is issued by the department under
this section.
(e) Equity joint ventures that share a common cultivator or cultivator
backer shall not be located within twenty miles of another commonly
owned equity joint venture.
(f) An equity joint venture applicant shall pay fifty per cent of the
amount of any applicable fee specified in subsection (c) of section 21a-
420e of the general statutes for the first three renewal cycles of the Substitute House Bill No. 5329
Public Act No. 22-103 16 of 54
applicable cannabis establishment license applied for, and shall pay the
full amount of such fee thereafter.
Sec. 6. Section 21a-420m of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
(a) In order to pay a reduced license expansion authorization fee as
described in subsection (b) of section 21a-420l, a producer shall commit
to create two equity joint ventures to be approved by the Social Equity
Council under section 21a-420d, as amended by this act, and licensed by
the department under this section.
(b) The equity joint venture shall be in any cannabis establishment
licensed business, other than a cultivator license, provided [the social
equity applicant shall own at least fifty per cent of such business] such
equity joint venture is at least fifty per cent owned and controlled by an
individual or individuals who meet, or the equity joint venture
applicant is an individual who meets, the criteria established in
subparagraphs (A) and (B) of subdivision (48) of section 21a-420, as
amended by this act.
(c) The [producer or social equity applicant of an] equity joint venture
applicant shall submit an application to the Social Equity Council that
may include, but need not be limited to, evidence of business formation,
ownership allocation, terms of ownership and financing and proof of
social equity [applicant involvement] status. The [producer or social
equity applicant of an] equity joint venture applicant shall submit to the
Social Equity Council information including, but not limited to, the
organizing documents of the entity that outline the ownership stake of
each backer, initial backer investment and payout information to enable
the council to determine the terms of ownership.
(d) Upon obtaining the written approval of the Social Equity Council Substitute House Bill No. 5329
Public Act No. 22-103 17 of 54
for an equity joint venture, [the producer or social equity applicant of]
the equity joint venture applicant shall apply for a license from the
department in the same form as required by all other licensees of the
same license type, except that such application shall not be subject to the
lottery.
(e) A producer, including the backer of such producer, shall not
increase its ownership in an equity joint venture in excess of fifty per
cent during the seven-year period after a license is issued by the
department under this section.
(f) Equity joint ventures that share a common producer or producer
backer and that are retailers or hybrid retailers shall not be located
within twenty miles of another commonly owned equity joint venture.
(g) If a producer [had] has paid a reduced conversion fee, as
described in subsection (b) of section 21a-420l, and subsequently did not
create two equity joint ventures under this section that, not later than
fourteen months after the Department of Consumer Protection
approved the producer's license expansion application under section
21a-420l, each received a final license from the department, the producer
shall be liable for the full conversion fee of three million dollars
established in section 21a-420l minus such paid reduced conversion fee.
(h) No producer that receives license expansion authorization under
section 21a-420l shall create more than two equity joint ventures. No
such producer shall apply for, or create, any additional equity joint
venture if, on the effective date of this section, such producer has created
at least two equity joint ventures that have each received a provisional
license.
(i) An equity joint venture applicant shall pay fifty per cent of the
amount of any applicable fee specified in subsection (c) of section 21a-
420e for the first three renewal cycles of the applicable cannabis Substitute House Bill No. 5329
Public Act No. 22-103 18 of 54
establishment license applied for, and shall pay the full amount of such
fee thereafter.
Sec. 7. Section 21a-420u of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) In order for a dispensary facility to convert its license to a hybrid-
retailer license, a dispensary facility shall have a workforce
development plan that has been approved by the Social Equity Council
under section 21a-420d, as amended by this act, and shall either pay the
fee of one million dollars established in section 21a-420e or, if such
dispensary facility has committed to create one equity joint venture to
be approved by the Social Equity Council for ownership purposes under
section 21a-420d, as amended by this act, and subsequent to obtaining
such approval, approved by the department for licensure under this
section, pay a reduced fee of five hundred thousand dollars.
(b) Any equity joint venture created under this section shall be
created for the development of a cannabis establishment, [business with
a social equity applicant that owns at least fifty per cent of such business
and where the dispensary facility owns at most fifty per cent of such
business] other than a cultivator, provided such equity joint venture is
at least fifty per cent owned and controlled by an individual or
individuals who meet, or the equity joint venture applicant is an
individual who meets, the criteria established in subparagraphs (A) and
(B) of subdivision (48) of section 21a-420, as amended by this act.
(c) An equity joint venture applicant shall submit an application to
the Social Equity Council that may include, but need not be limited to,
evidence of business formation, ownership allocation, terms of
ownership and financing and proof of social equity [applicant
involvement. The dispensary facility or social equity applicant of an
equity joint venture shall submit an application to the Social Equity Substitute House Bill No. 5329
Public Act No. 22-103 19 of 54
Council that may include, but need not be limited to, evidence of
business formation, ownership allocation, terms of ownership and
financing and proof of social equity applicant involvement. The
dispensary facility or social equity applicant of an] status. The equity
joint venture applicant shall submit to the Social Equity Council
information including, but not limited to, the organizing documents of
the entity that outline the ownership stake of each backer, initial backer
investment and payout information to enable the council to determine
the terms of ownership.
(d) Upon receipt of written approval of the equity joint venture by
the Social Equity Council, [the dispensary facility or social equity
applicant of] the equity joint venture applicant shall apply for a license
from the department in the same form as required by all other licensees
of the same license type and subject to the same fees as required by all
other licensees of the same license type.
(e) A dispensary facility, including the backers of such dispensary
facility, shall not increase its ownership in an equity joint venture in
excess of fifty per cent during the seven-year period after a license is
issued by the department under this section.
(f) Equity joint ventures that are retailers or hybrid retailers that share
a common dispensary facility or dispensary facility backer owner shall
not be located within twenty miles of another commonly owned equity
joint venture.
(g) If a dispensary facility has paid the reduced conversion fee, in
accordance with subsection (a) of this section, and did not subsequently
create one equity joint venture under this section [, the] that, not later
than fourteen months after the Department of Consumer Protection
approved the dispensary facility's license conversion application under
section 21a-420t, receives a final license from the department, the
dispensary facility shall be liable for the full conversion fee of one Substitute House Bill No. 5329
Public Act No. 22-103 20 of 54
million dollars [,] established [under] in section 21a-420e minus such
paid reduced conversion fee.
(h) No dispensary facility that receives approval to convert the
dispensary facility's license to a hybrid-retailer license under section
21a-420t shall create more than two equity joint ventures. No such
dispensary facility shall apply for, or create, any additional equity joint
venture if, on the effective date of this section, such dispensary facility
has created at least two equity joint ventures that have each received a
provisional license.
(i) An equity joint venture applicant shall pay fifty per cent of the
amount of any applicable fee specified in subsection (c) of section 21a-
420e for the first three renewal cycles of the applicable cannabis
establishment license applied for, and shall pay the full amount of such
fee thereafter.
Sec. 8. Section 21a-421bb of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective from passage):
(a) No person other than the holder of a cannabis establishment
license issued by this state shall advertise any cannabis or services
related to cannabis in this state.
[(a) Cannabis] (b) Except as provided in subsection (d) of this section,
cannabis establishments [and any person advertising any cannabis or
services related to cannabis] shall not:
(1) Advertise, including, but not limited to, through a business name
or logo, cannabis, cannabis paraphernalia or goods or services related to
cannabis: [in]
(A) In ways that target or are designed to appeal to individuals under
twenty-one years of age, including, but not limited to, spokespersons or Substitute House Bill No. 5329
Public Act No. 22-103 21 of 54
celebrities who appeal to individuals under the legal age to purchase
cannabis or cannabis products, depictions of a person under twenty-five
years of age consuming cannabis, or, the inclusion of objects, such as
toys, characters or cartoon characters, suggesting the presence of a
person under twenty-one years of age, or any other depiction designed
in any manner to be appealing to a person under twenty-one years of
age; or
(B) By using any image, or any other visual representation, of the
cannabis plant or any part of the cannabis plant, including, but not
limited to, the leaf of the cannabis plant;
(2) Engage in any advertising by means of an electronic or
illuminated billboard between the hours of six o'clock a.m. and eleven
o'clock p.m.;
[(2)] (3) Engage in advertising by means of any television, radio,
Internet, mobile [applications] application, social media [,] or other
electronic communication, billboard or other outdoor signage, or print
publication unless the [advertiser] cannabis establishment has reliable
evidence that at least ninety per cent of the audience for the
advertisement is reasonably expected to be twenty-one years of age or
older;
[(3)] (4) Engage in advertising or marketing directed toward location-
based devices, including, but not limited to, cellular phones, unless the
marketing is a mobile device application installed on the device by the
owner of the device who is twenty-one years of age or older and
includes a permanent and easy opt-out feature and warnings that the
use of cannabis is restricted to persons twenty-one years of age or older;
[(4)] (5) Advertise cannabis or cannabis products in a manner
claiming or implying, or permit any employee of the cannabis
establishment to claim or imply, that such products have curative or Substitute House Bill No. 5329
Public Act No. 22-103 22 of 54
therapeutic effects, or that any other medical claim is true, or allow any
employee to promote cannabis for a wellness purpose unless such
claims are substantiated as set forth in regulations adopted under
chapter 420f or verbally conveyed by a licensed pharmacist or other
licensed medical practitioner in the course of business in, or while
representing, a hybrid retail or dispensary facility;
[(5)] (6) Sponsor charitable, sports, musical, artistic, cultural, social or
other similar events or advertising at, or in connection with, such an
event unless the [sponsor or advertiser] cannabis establishment has
reliable evidence that (A) not more than ten per cent of the in-person
audience at the event is reasonably expected to be under the legal age to
purchase cannabis or cannabis products, and (B) not more than ten per
cent of the audience that will watch, listen or participate in the event is
expected to be under the legal age to purchase cannabis products;
[(6)] (7) Advertise cannabis, cannabis products or cannabis
paraphernalia in any physical form visible to the public within one
thousand five hundred feet of an elementary or secondary school
ground or a house of worship, recreation center or facility, child care
center, playground, public park or library;
[(7)] (8) Cultivate cannabis or manufacture cannabis products for
distribution outside of this state in violation of federal law, advertise in
any way that encourages the transportation of cannabis across state lines
or otherwise encourages illegal activity;
[(8)] (9) Except for dispensary facilities and hybrid retailers, exhibit
within or upon the outside of the facility used in the operation of a
cannabis establishment, or include in any advertisement, the word
"dispensary" or any variation of such term or any other words, displays
or symbols indicating that such store, shop or place of business is a
dispensary; Substitute House Bill No. 5329
Public Act No. 22-103 23 of 54
[(9)] (10) Exhibit within or upon the outside of the premises subject to
the cannabis establishment license, or include in any advertisement the
words "drug store", "pharmacy", "apothecary", "drug", "drugs" or
"medicine shop" or any combination of such terms or any other words,
displays or symbols indicating that such store, shop or place of business
is a pharmacy;
[(10)] (11) Advertise on or in public or private vehicles or at bus stops,
taxi stands, transportation waiting areas, train stations, airports or other
similar transportation venues including, but not limited to, vinyl-
wrapped vehicles or signs or logos on transportation vehicles not
owned by a cannabis establishment;
[(11)] (12) Display cannabis, [or] cannabis products or any image, or
any other visual representation, of the cannabis plant or any part of the
cannabis plant, including, but not limited to, the leaf of the cannabis
plant, so as to be clearly visible to a person from the exterior of the
facility used in the operation of a cannabis establishment, or display
signs or other printed material advertising any brand or any kind of
cannabis or cannabis product, or including any image, or any other
visual representation, of the cannabis plant or any part of the cannabis
plant, including, but not limited to, the leaf of the cannabis plant, on the
exterior of any facility used in the operation of a cannabis establishment;
[(12)] (13) Utilize radio or loudspeaker, in a vehicle or in or outside of
a facility used in the operation of a cannabis establishment, for the
purposes of advertising the sale of cannabis or cannabis products; or
[(13)] (14) Operate any web site advertising or depicting cannabis,
cannabis products or cannabis paraphernalia unless such web site
verifies that the entrants or users are twenty-one years of age or older.
[(b) Any] (c) Except as provided in subsection (d) of this section, any
advertisements from a cannabis establishment shall contain the Substitute House Bill No. 5329
Public Act No. 22-103 24 of 54
following warning: "Do not use cannabis if you are under twenty-one
years of age. Keep cannabis out of the reach of children." In a print or
visual medium, such warning shall be conspicuous, easily legible and
shall take up not less than ten per cent of the advertisement space. In an
audio medium, such warning shall be at the same speed as the rest of
the advertisement and be easily intelligible.
(d) Any outdoor signage, including, but not limited to, any
monument sign, pylon sign or wayfinding sign, shall be deemed to
satisfy the audience requirement established in subdivision (3) of
subsection (b) of this section, and shall not be required to contain the
warning required under subsection (c) of this section, if such outdoor
signage:
(1) Contains only the name and logo of the cannabis establishment;
(2) Does not include any image, or any other visual representation, of
the cannabis plant or any part of the cannabis plant, including, but not
limited to, the leaf of the cannabis plant;
(3) Is comprised of not more than three colors; and
(4) Is located:
(A) On the cannabis establishment's premises, regardless of whether
such cannabis establishment leases or owns such premises; or
(B) On any commercial property occupied by multiple tenants
including such cannabis establishment.
[(c)] (e) The department shall not register, and may require revision
of, any submitted or registered cannabis brand name that:
(1) Is identical to, or confusingly similar to, the name of an existing
non-cannabis product; Substitute House Bill No. 5329
Public Act No. 22-103 25 of 54
(2) Is identical to, or confusingly similar to, the name of an unlawful
product or substance;
(3) Is confusingly similar to the name of a previously approved
cannabis brand name;
(4) Is obscene or indecent; and
(5) Is customarily associated with persons under the age of twenty-
one.
[(d)] (f) A violation of the provisions of [subsection (a) or (b)]
subsections (a) to (c), inclusive, of this section shall be deemed to be an
unfair or deceptive trade practice under subsection (a) of section 42-
110b.
Sec. 9. Section 21a-422f of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) As used in this section, "municipality" means any town, city or
borough, consolidated town and city or consolidated town and
borough, and a district establishing a zoning commission under section
7-326.
(b) Any municipality may, by amendment to such municipality's
zoning regulations or by local ordinance, (1) prohibit the establishment
of a cannabis establishment, (2) establish reasonable restrictions
regarding the hours and signage within the limits of such municipality,
or (3) establish restrictions on the proximity of cannabis establishments
to any of the establishments listed in subdivision (1) of subsection (a) of
section 30-46. The chief zoning official of a municipality shall report, in
writing, any zoning changes adopted by the municipality regarding
cannabis establishments pursuant to this subsection to the Secretary of
the Office of Policy and Management and to the department not later Substitute House Bill No. 5329
Public Act No. 22-103 26 of 54
than fourteen days after the adoption of such changes.
(c) Unless otherwise provided for by a municipality through its
zoning regulations or ordinances, a cannabis establishment shall be
zoned as if for any other similar use, other than a cannabis
establishment, would be zoned.
(d) Any restriction regarding hours, zoning and signage of a cannabis
establishment adopted by a municipality shall not apply to an existing
cannabis establishment located in such municipality if such cannabis
establishment does not convert to a different license type, for a period
of five years after the adoption of such prohibition or restriction.
[(e) Until June 30, 2024, no municipality shall grant zoning approval
for more retailers or micro-cultivators than a number that would allow
for one retailer and one micro-cultivator for every twenty-five thousand
residents of such municipality, as determined by the most recent
decennial census.
(f) On and after July 1, 2024, the Commissioner of Consumer
Protection may, in the discretion of the commissioner, post on the
Department of Consumer Protection's Internet web site a specific
number of residents such that no municipality shall grant zoning
approval for more retailers or micro-cultivators than would result in one
retailer and one micro-cultivator for every such specific number of
residents, as determined by the commissioner. Any such determination
shall be made to ensure reasonable access to cannabis by consumers.]
[(g)] (e) For purposes of ensuring compliance with this section, a
special permit or other affirmative approval shall be required for any
retailer or micro-cultivator seeking to be located within a municipality.
[A municipality shall not grant such special permit or approval for any
retailer or micro-cultivator applying for such special permit or approval
if that would result in an amount that (1) until June 30, 2024, exceeds the Substitute House Bill No. 5329
Public Act No. 22-103 27 of 54
density cap of one retailer and one micro-cultivator for every twenty-
five thousand residents, and (2) on and after July 1, 2024, exceeds any
density cap determined by the commissioner under subsection (f) of this
section.] When awarding final licenses for a retailer or micro-cultivator,
the Department of Consumer Protection may assume that, if an
applicant for such final license has obtained zoning approval, the
approval of a final license for such applicant shall not result in a
violation of this section or any [other] municipal restrictions on the
number or density of cannabis establishments.
Sec. 10. (Effective from passage) (a) The chairpersons of the joint
standing committee of the General Assembly having cognizance of
matters pertaining to general law shall convene a working group to
study hemp, hemp products and hemp producers. Such study shall
include, but need not be limited to, an examination of (1) the regulation
of hemp, hemp products and hemp producers licensed in this state and
neighboring states, (2) the manner in which neighboring states have
integrated hemp, hemp products and hemp producers into their
recreational cannabis programs, statutes and regulations, and (3)
possible legislation that would integrate hemp, hemp products and
hemp producers licensed in this state into this state's recreational
cannabis statutes by, among other things, allowing (A) such licensees to
convert their licenses to licenses issued under this state's recreational
cannabis statutes, and (B) hemp products, including, but not limited to,
cannabidiol, produced by such licensees to be sold in cannabis
dispensaries licensed in this state.
(b) The working group shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives,
who shall be a representative of the Connecticut Farm Bureau;
(2) One appointed by the president pro tempore of the Senate, who
shall be a person who grows hemp in the state; Substitute House Bill No. 5329
Public Act No. 22-103 28 of 54
(3) One appointed by the majority leader of the House of
Representatives, who shall be a representative of the state's cannabis
industry;
(4) One appointed by the majority leader of the Senate, who shall be
a representative of the state's cannabis industry;
(5) One appointed by the minority leader of the House of
Representatives, who shall be a member of the General Assembly
representing a rural district in the state;
(6) One appointed by the minority leader of the Senate, who shall be
a member of the General Assembly representing a rural district in the
state;
(7) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to general law;
(8) The Commissioner of Consumer Protection, or the commissioner's
designee; and
(9) The Commissioner of Agriculture, or the commissioner's
designee.
(c) All initial appointments to the working group shall be made not
later than thirty days after the effective date of this section. Any vacancy
shall be filled by the appointing authority.
(d) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to general law shall
serve as the chairpersons of the working group. Such chairpersons shall
schedule the first meeting of the working group, which shall be held not
later than sixty days after the effective date of this section.
(e) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to general law Substitute House Bill No. 5329
Public Act No. 22-103 29 of 54
shall serve as administrative staff of the working group.
(f) Not later than January 1, 2023, the working group shall submit a
report on its findings and recommendations to the joint standing
committee of the General Assembly having cognizance of matters
relating to general law, in accordance with the provisions of section 11-
4a of the general statutes. The working group shall terminate on the date
that it submits such report or January 1, 2023, whichever is later.
Sec. 11. Section 21a-408 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective July
1, 2022):
As used in this section, sections 21a-408a to 21a-408o, inclusive, as
amended by this act, and sections 21a-408r to 21a-408v, inclusive, unless
the context otherwise requires:
(1) "Advanced practice registered nurse" means an advanced practice
registered nurse licensed pursuant to chapter 378;
(2) "Cannabis establishment" has the same meaning as provided in
section 21a-420, as amended by this act;
(3) "Cultivation" includes planting, propagating, cultivating, growing
and harvesting;
(4) "Debilitating medical condition" means (A) cancer, glaucoma,
positive status for human immunodeficiency virus or acquired immune
deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to
the nervous tissue of the spinal cord with objective neurological
indication of intractable spasticity, epilepsy or uncontrolled intractable
seizure disorder, cachexia, wasting syndrome, Crohn's disease,
posttraumatic stress disorder, irreversible spinal cord injury with
objective neurological indication of intractable spasticity, cerebral palsy,
cystic fibrosis or terminal illness requiring end-of-life care, except, if the Substitute House Bill No. 5329
Public Act No. 22-103 30 of 54
qualifying patient is under eighteen years of age, "debilitating medical
condition" means terminal illness requiring end-of-life care, irreversible
spinal cord injury with objective neurological indication of intractable
spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled
intractable seizure disorder, or (B) any medical condition, medical
treatment or disease approved for qualifying patients by the
Department of Consumer Protection and posted online pursuant to
section 21a-408l;
(5) "Dispensary facility" means a place of business where marijuana
may be dispensed, sold or distributed in accordance with this chapter
and any regulations adopted thereunder to qualifying patients and
caregivers and for which the department has issued a dispensary facility
license pursuant to this chapter;
(6) "Employee" has the same meaning as provided in section 21a-420,
as amended by this act;
(7) "Institutional animal care and use committee" means a committee
that oversees an organization's animal program, facilities and
procedures to ensure compliance with federal policies, guidelines and
principles related to the care and use of animals in research;
(8) "Institutional review board" means a specifically constituted
review body established or designated by an organization to protect the
rights and welfare of persons recruited to participate in biomedical,
behavioral or social science research;
(9) "Laboratory" means a laboratory located in the state that is
licensed by the department to provide analysis of marijuana and that
meets the licensure requirements set forth in section 21a-246, as
amended by this act;
(10) "Laboratory employee" means a person who is registered as a
laboratory employee pursuant to section 21a-408r; Substitute House Bill No. 5329
Public Act No. 22-103 31 of 54
(11) "Licensed dispensary" or "dispensary" means an individual who
is a licensed pharmacist employed by a dispensary facility or hybrid
retailer;
(12) "Producer" means a person who is licensed as a producer
pursuant to section 21a-408i;
(13) "Marijuana" means marijuana, as defined in section 21a-240;
(14) "Nurse" means a person who is licensed as a nurse under chapter
378;
(15) "Palliative use" means the acquisition, distribution, transfer,
possession, use or transportation of marijuana or paraphernalia relating
to marijuana, including the transfer of marijuana and paraphernalia
relating to marijuana from the patient's caregiver to the qualifying
patient, to alleviate a qualifying patient's symptoms of a debilitating
medical condition or the effects of such symptoms, but does not include
any such use of marijuana by any person other than the qualifying
patient;
(16) "Paraphernalia" means drug paraphernalia, as defined in section
21a-240;
(17) "Physician" means a person who is licensed as a physician under
chapter 370; [, but does not include a physician assistant, as defined in
section 20-12a;]
(18) "Physician assistant" means a person who is licensed as a
physician assistant under chapter 370;
[(18)] (19) "Caregiver" means a person, other than the qualifying
patient and the qualifying patient's physician, physician assistant or
advanced practice registered nurse, who is eighteen years of age or older
and has agreed to undertake responsibility for managing the well-being Substitute House Bill No. 5329
Public Act No. 22-103 32 of 54
of the qualifying patient with respect to the palliative use of marijuana,
provided (A) in the case of a qualifying patient (i) under eighteen years
of age and not an emancipated minor, or (ii) otherwise lacking legal
capacity, such person shall be a parent, guardian or person having legal
custody of such qualifying patient, and (B) in the case of a qualifying
patient eighteen years of age or older or an emancipated minor, the need
for such person shall be evaluated by the qualifying patient's physician,
physician assistant or advanced practice registered nurse and such need
shall be documented in the written certification;
[(19)] (20) "Qualifying patient" means a person who: (A) Is a resident
of Connecticut, (B) has been diagnosed by a physician, physician
assistant or [an] advanced practice registered nurse as having a
debilitating medical condition, and (C) (i) is eighteen years of age or
older, (ii) is an emancipated minor, or (iii) has written consent from a
custodial parent, guardian or other person having legal custody of such
person that indicates that such person has permission from such parent,
guardian or other person for the palliative use of marijuana for a
debilitating medical condition and that such parent, guardian or other
person will (I) serve as a caregiver for the qualifying patient, and (II)
control the acquisition and possession of marijuana and any related
paraphernalia for palliative use on behalf of such person. "Qualifying
patient" does not include an inmate confined in a correctional institution
or facility under the supervision of the Department of Correction;
[(20)] (21) "Research program" means a study approved by the
Department of Consumer Protection in accordance with this chapter
and undertaken to increase information or knowledge regarding the
growth or processing of marijuana, or the medical attributes, dosage
forms, administration or use of marijuana to treat or alleviate symptoms
of any medical conditions or the effects of such symptoms;
[(21)] (22) "Research program employee" means a person who (A) is
registered as a research program employee under section 21a-408t, or Substitute House Bill No. 5329
Public Act No. 22-103 33 of 54
(B) holds a temporary certificate of registration issued pursuant to
section 21a-408t;
[(22)] (23) "Research program subject" means a person registered as a
research program subject pursuant to section 21a-408v;
[(23)] (24) "Usable marijuana" means the dried leaves and flowers of
the marijuana plant, and any mixtures or preparations of such leaves
and flowers, that are appropriate for the palliative use of marijuana, but
does not include the seeds, stalks and roots of the marijuana plant; and
[(24)] (25) "Written certification" means a written certification issued
by a physician, physician assistant or [an] advanced practice registered
nurse pursuant to section 21a-408c, as amended by this act.
Sec. 12. Section 21a-408a of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective July 1, 2022):
(a) A qualifying patient shall register with the Department of
Consumer Protection pursuant to section 21a-408d, as amended by this
act, prior to engaging in the palliative use of marijuana. A qualifying
patient who has a valid registration certificate from the Department of
Consumer Protection pursuant to subsection (a) of section 21a-408d, as
amended by this act, and complies with the requirements of sections
21a-408 to 21a-408m, as amended by this act, inclusive, shall not be
subject to arrest or prosecution, penalized in any manner, including, but
not limited to, being subject to any civil penalty, or denied any right or
privilege, including, but not limited to, being subject to any disciplinary
action by a professional licensing board, for the palliative use of
marijuana if:
(1) The qualifying patient's physician, physician assistant or
advanced practice registered nurse has issued a written certification to
the qualifying patient for the palliative use of marijuana after the Substitute House Bill No. 5329
Public Act No. 22-103 34 of 54
physician, physician assistant or advanced practice registered nurse has
prescribed, or determined it is not in the best interest of the patient to
prescribe, prescription drugs to address the symptoms or effects for
which the certification is being issued;
(2) The combined amount of marijuana possessed by the qualifying
patient and the caregiver for palliative use does not exceed five ounces;
(3) The qualifying patient has not more than one caregiver at any
time; and
(4) Any cannabis plants grown by the qualifying patient in his or
home is in compliance with subsection (b) of section 21a-408d, as
amended by this act, and any applicable regulations.
(b) The provisions of subsection (a) of this section do not apply to:
(1) Any palliative use of marijuana that endangers the health or well-
being of a person other than the qualifying patient or the caregiver; or
(2) The ingestion of marijuana (A) in a motor bus or a school bus or
in any other moving vehicle, (B) in the workplace, (C) on any school
grounds or any public or private school, dormitory, college or university
property, unless such college or university is participating in a research
program and such use is pursuant to the terms of the research program,
(D) in any public place, or (E) in the presence of a person under the age
of eighteen, unless such person is a qualifying patient or research
program subject. For the purposes of this subdivision, (i) "presence"
means within the direct line of sight of the palliative use of marijuana or
exposure to second-hand marijuana smoke, or both; (ii) "public place"
means any area that is used or held out for use by the public whether
owned or operated by public or private interests; (iii) "vehicle" means a
vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus,
as defined in section 14-1; and (v) "school bus" means a school bus, as
defined in section 14-1. Substitute House Bill No. 5329
Public Act No. 22-103 35 of 54
Sec. 13. Section 21a-408c of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective July 1, 2022):
(a) A physician, physician assistant or [an] advanced practice
registered nurse may issue a written certification to a qualifying patient
that authorizes the palliative use of marijuana by the qualifying patient.
Such written certification shall be in the form prescribed by the
Department of Consumer Protection and shall include a statement
signed and dated by the qualifying patient's physician, physician
assistant or advanced practice registered nurse stating that, in such
physician's, physician assistant's or advanced practice registered nurse's
professional opinion, the qualifying patient has a debilitating medical
condition and the potential benefits of the palliative use of marijuana
would likely outweigh the health risks of such use to the qualifying
patient.
(b) Any written certification for the palliative use of marijuana issued
by a physician, physician assistant or [an] advanced practice registered
nurse under subsection (a) of this section shall be valid for a period not
to exceed one year from the date such written certification is signed and
dated by the physician, physician assistant or advanced practice
registered nurse. Not later than ten calendar days after the expiration of
such period, or at any time before the expiration of such period should
the qualifying patient no longer wish to possess marijuana for palliative
use, the qualifying patient or the caregiver shall destroy all usable
marijuana possessed by the qualifying patient and the caregiver for
palliative use.
(c) A physician, physician assistant or [an] advanced practice
registered nurse shall not be subject to arrest or prosecution, penalized
in any manner, including, but not limited to, being subject to any civil
penalty, or denied any right or privilege, including, but not limited to,
being subject to any disciplinary action by the Connecticut Medical Substitute House Bill No. 5329
Public Act No. 22-103 36 of 54
Examining Board, the Connecticut State Board of Examiners for Nursing
or other professional licensing board, for providing a written
certification for the palliative use of marijuana under subdivision (1) of
subsection (a) of section 21a-408a, as amended by this act, if:
(1) The physician, physician assistant or advanced practice registered
nurse has diagnosed the qualifying patient as having a debilitating
medical condition;
(2) The physician, physician assistant or advanced practice registered
nurse has explained the potential risks and benefits of the palliative use
of marijuana to the qualifying patient and, if the qualifying patient lacks
legal capacity, to a parent, guardian or person having legal custody of
the qualifying patient;
(3) The written certification issued by the physician, physician
assistant or advanced practice registered nurse is based upon the
physician's, physician assistant's or advanced practice registered nurse's
professional opinion after having completed a medically reasonable
assessment of the qualifying patient's medical history and current
medical condition made in the course of a bona fide health care
professional-patient relationship; and
(4) The physician, physician assistant or advanced practice registered
nurse has no financial interest in a cannabis establishment, except for
retailers and delivery services, as such terms are defined in section 21a-
420, as amended by this act.
(d) A physician assistant or nurse shall not be subject to arrest or
prosecution, penalized in any manner, including, but not limited to,
being subject to any civil penalty, or denied any right or privilege,
including, but not limited to, being subject to any disciplinary action by
the Connecticut Medical Examining Board, Board of Examiners for
Nursing [,] or other professional licensing board, for administering Substitute House Bill No. 5329
Public Act No. 22-103 37 of 54
marijuana to a qualifying patient or research program subject in a
hospital or health care facility licensed by the Department of Public
Health.
(e) Notwithstanding the provisions of this section, sections 21a-408 to
21a-408b, inclusive, as amended by this act, and sections 21a-408d to
21a-408o, inclusive, as amended by this act, a physician assistant or an
advanced practice registered nurse shall not issue a written certification
to a qualifying patient when the qualifying patient's debilitating medical
condition is glaucoma.
Sec. 14. Section 21a-408d of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective July 1, 2022):
(a) Each qualifying patient who is issued a written certification for the
palliative use of marijuana under subdivision (1) of subsection (a) of
section 21a-408a, as amended by this act, and the caregiver of such
qualifying patient, shall register with the Department of Consumer
Protection. Such registration shall be effective from the date the
Department of Consumer Protection issues a certificate of registration
until the expiration of the written certification issued by the physician,
physician assistant or advanced practice registered nurse. The
qualifying patient and the caregiver shall provide sufficient identifying
information, as determined by the department, to establish the personal
identity of the qualifying patient and the caregiver. If the qualifying
patient is under eighteen years of age and not an emancipated minor,
the custodial parent, guardian or other person having legal custody of
the qualifying patient shall also provide a letter from both the qualifying
patient's care provider and a physician who is board certified in an area
of medicine involved in the treatment of the debilitating condition for
which the qualifying patient was certified that confirms that the
palliative use of marijuana is in the best interest of the qualifying
patient. A physician may issue a written certification for the palliative Substitute House Bill No. 5329
Public Act No. 22-103 38 of 54
use of marijuana by a qualifying patient who is under eighteen years of
age, provided such written certification shall not be for marijuana in a
dosage form that requires that the marijuana be smoked, inhaled or
vaporized. The qualifying patient or the caregiver shall report any
change in the identifying information to the department not later than
five business days after such change. The department shall issue a
registration certificate to the qualifying patient and to the caregiver and
may charge a reasonable fee, not to exceed twenty-five dollars, for each
registration certificate issued under this subsection. Any registration
fees collected by the department under this subsection shall be paid to
the State Treasurer and credited to the General Fund.
(b) Any qualifying patient who is eighteen years of age or older may
cultivate up to three mature cannabis plants and three immature
cannabis plants in the patient's primary residence at any given time,
provided such plants are secure from access by any individual other
than the patient or patient's caregiver and no more than twelve cannabis
plants may be grown per household.
(c) A dispensary shall not dispense any marijuana products in a
smokable, inhalable or vaporizable form to a qualifying patient who is
under eighteen years of age or such qualifying patient's caregiver.
(d) Information obtained under this section shall be confidential and
shall not be subject to disclosure under the Freedom of Information Act,
as defined in section 1-200, except that reasonable access to registry
information obtained under this section shall be provided to: (1) State
agencies, federal agencies and local law enforcement agencies for the
purpose of investigating or prosecuting a violation of law; (2)
physicians, physician assistants, advanced practice registered nurses
and pharmacists for the purpose of providing patient care and drug
therapy management and monitoring controlled substances obtained by
the qualifying patient; (3) public or private entities for research or
educational purposes, provided no individually identifiable health Substitute House Bill No. 5329
Public Act No. 22-103 39 of 54
information may be disclosed; (4) a licensed dispensary for the purpose
of complying with sections 21a-408 to 21a-408m, inclusive, as amended
by this act; (5) a qualifying patient, but only with respect to information
related to such qualifying patient or such qualifying patient's caregiver;
or (6) a caregiver, but only with respect to information related to such
caregiver's qualifying patient.
Sec. 15. Subsection (a) of section 21a-408d of the 2022 supplement to
the general statutes, as amended by section 14 of this act, is repealed and
the following is substituted in lieu thereof (Effective July 1, 2023):
(a) Each qualifying patient who is issued a written certification for the
palliative use of marijuana under subdivision (1) of subsection (a) of
section 21a-408a, as amended by this act, and the caregiver of such
qualifying patient, shall register with the Department of Consumer
Protection. Such registration shall be effective from the date the
Department of Consumer Protection issues a certificate of registration
until the expiration of the written certification issued by the physician,
physician assistant or advanced practice registered nurse. The
qualifying patient and the caregiver shall provide sufficient identifying
information, as determined by the department, to establish the personal
identity of the qualifying patient and the caregiver. If the qualifying
patient is under eighteen years of age and not an emancipated minor,
the custodial parent, guardian or other person having legal custody of
the qualifying patient shall also provide a letter from both the qualifying
patient's care provider and a physician who is board certified in an area
of medicine involved in the treatment of the debilitating condition for
which the qualifying patient was certified that confirms that the
palliative use of marijuana is in the best interest of the qualifying
patient. A physician may issue a written certification for the palliative
use of marijuana by a qualifying patient who is under eighteen years of
age, provided such written certification shall not be for marijuana in a
dosage form that requires that the marijuana be smoked, inhaled or Substitute House Bill No. 5329
Public Act No. 22-103 40 of 54
vaporized. The qualifying patient or the caregiver shall report any
change in the identifying information to the department not later than
five business days after such change. The department shall issue a
registration certificate to the qualifying patient and to the caregiver.
[and may charge a reasonable fee, not to exceed twenty-five dollars, for
each registration certificate issued under this subsection. Any
registration fees collected by the department under this subsection shall
be paid to the State Treasurer and credited to the General Fund.]
Sec. 16. Section 21a-408m of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof
(Effective July 1, 2022):
(a) The Commissioner of Consumer Protection may adopt
regulations, in accordance with chapter 54, to establish (1) a standard
form for written certifications for the palliative use of marijuana issued
by physicians, physician assistants and advanced practice registered
nurses under subdivision (1) of subsection (a) of section 21a-408a, as
amended by this act, and (2) procedures for registrations under section
21a-408d, as amended by this act. Such regulations, if any, shall be
adopted after consultation with the Board of Physicians established in
section 21a-408l.
(b) The Commissioner of Consumer Protection shall adopt
regulations, in accordance with chapter 54, to establish a reasonable fee
to be collected from each qualifying patient to whom a written
certification for the palliative use of marijuana is issued under
subdivision (1) of subsection (a) of section 21a-408a, as amended by this
act, for the purpose of offsetting the direct and indirect costs of
administering the provisions of sections 21a-408 to 21a-408m, inclusive,
as amended by this act. The commissioner shall collect such fee at the
time the qualifying patient registers with the Department of Consumer
Protection under subsection (a) of section 21a-408d, as amended by this
act. Such fee shall be in addition to any registration fee that may be Substitute House Bill No. 5329
Public Act No. 22-103 41 of 54
charged under said subsection. The fees required to be collected by the
commissioner from qualifying patients under this subsection shall be
paid to the State Treasurer and credited to the General Fund.
(c) The Commissioner of Consumer Protection shall adopt or amend
regulations, as applicable, in accordance with chapter 54, to implement
the provisions of sections 21a-408 to 21a-408g, inclusive, as amended by
this act, and section 21a-408l. Notwithstanding the requirements of
sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of
sections 21a-408 to 21a-408g, inclusive, as amended by this act, and
section 21a-408l, and protect public health and safety, prior to adopting
or amending such regulations the commissioner shall adopt policies and
procedures to implement the provisions of sections 21a-408 to 21a-408g,
inclusive, as amended by this act, and section 21a-408, as amended by
this act, that shall have the force and effect of law. The commissioner
shall post all policies and procedures on the department's Internet web
site, and submit such policies and procedures to the Secretary of the
State for posting on the eRegulations System, at least fifteen days prior
to the effective date of any policy or procedure. Any such policy or
procedure shall no longer be effective upon the earlier of either adoption
of such policies or procedures as a final regulation pursuant to section
4-172 or forty-eight months from October 1, 2021, if such policies or
procedures have not been submitted to the legislative regulation review
committee for consideration under section 4-170. Such policies and
procedures and regulations shall include, but not be limited to, how the
department shall:
(1) Accept applications for the issuance and renewal of registration
certificates for qualifying patients and caregivers;
(2) Establish criteria for adding medical conditions, medical
treatments or diseases to the list of debilitating medical conditions that
qualify for the palliative use of marijuana; Substitute House Bill No. 5329
Public Act No. 22-103 42 of 54
(3) Establish a petition process under which members of the public
may submit petitions, regarding the addition of medical conditions,
medical treatments or diseases to the list of debilitating medical
conditions;
(4) Establish requirements for the growing of cannabis plants by a
qualifying patient in his or her primary residence as authorized under
section 21a-408d, as amended by this act, including requirements for
securing such plants to prevent access by any individual other than the
patient or the patient's caregiver, the location of such plants and any
other requirements necessary to protect public health or safety;
(5) Develop a distribution system for marijuana for palliative use that
provides for:
(A) Marijuana production facilities within this state that are housed
on secured grounds and operated by producers;
(B) The transfer of marijuana between dispensary facilities; and
(C) Distribution of marijuana for palliative use to qualifying patients
or their caregivers by dispensary facilities, hybrid retailers and delivery
services, as such terms are defined in section 21a-420, as amended by
this act; and
(6) Ensure an adequate supply and variety of marijuana to dispensary
facilities and hybrid retailers to ensure uninterrupted availability for
qualifying patients, based on historical marijuana purchase patterns by
qualifying patients.
Sec. 17. Section 21a-408m of the 2022 supplement to the general
statutes, as amended by section 16 of this act, is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) The Commissioner of Consumer Protection may adopt Substitute House Bill No. 5329
Public Act No. 22-103 43 of 54
regulations, in accordance with chapter 54, to establish (1) a standard
form for written certifications for the palliative use of marijuana issued
by physicians, physician assistants and advanced practice registered
nurses under subdivision (1) of subsection (a) of section 21a-408a, as
amended by this act, and (2) procedures for registrations under section
21a-408d, as amended by this act. Such regulations, if any, shall be
adopted after consultation with the Board of Physicians established in
section 21a-408l.
[(b) The Commissioner of Consumer Protection shall adopt
regulations, in accordance with chapter 54, to establish a reasonable fee
to be collected from each qualifying patient to whom a written
certification for the palliative use of marijuana is issued under
subdivision (1) of subsection (a) of section 21a-408a, for the purpose of
offsetting the direct and indirect costs of administering the provisions
of sections 21a-408 to 21a-408m, inclusive. The commissioner shall
collect such fee at the time the qualifying patient registers with the
Department of Consumer Protection under subsection (a) of section 21a-
408d. Such fee shall be in addition to any registration fee that may be
charged under said subsection. The fees required to be collected by the
commissioner from qualifying patients under this subsection shall be
paid to the State Treasurer and credited to the General Fund.]
[(c)] (b) The Commissioner of Consumer Protection shall adopt or
amend regulations, as applicable, in accordance with chapter 54, to
implement the provisions of sections 21a-408 to 21a-408g, inclusive, as
amended by this act, and section 21a-408l. Notwithstanding the
requirements of sections 4-168 to 4-172, inclusive, in order to effectuate
the purposes of sections 21a-408 to 21a-408g, inclusive, as amended by
this act, and section 21a-408l, and protect public health and safety, prior
to adopting or amending such regulations the commissioner shall adopt
policies and procedures to implement the provisions of sections 21a-408
to 21a-408g, inclusive, as amended by this act, and section 21a-408, as Substitute House Bill No. 5329
Public Act No. 22-103 44 of 54
amended by this act, that shall have the force and effect of law. The
commissioner shall post all policies and procedures on the department's
Internet web site, and submit such policies and procedures to the
Secretary of the State for posting on the eRegulations System, at least
fifteen days prior to the effective date of any policy or procedure. Any
such policy or procedure shall no longer be effective upon the earlier of
either adoption of such policies or procedures as a final regulation
pursuant to section 4-172 or forty-eight months from October 1, 2021, if
such policies or procedures have not been submitted to the legislative
regulation review committee for consideration under section 4-170.
Such policies and procedures and regulations shall include, but not be
limited to, how the department shall:
(1) Accept applications for the issuance and renewal of registration
certificates for qualifying patients and caregivers;
(2) Establish criteria for adding medical conditions, medical
treatments or diseases to the list of debilitating medical conditions that
qualify for the palliative use of marijuana;
(3) Establish a petition process under which members of the public
may submit petitions, regarding the addition of medical conditions,
medical treatments or diseases to the list of debilitating medical
conditions;
(4) Establish requirements for the growing of cannabis plants by a
qualifying patient in his or her primary residence as authorized under
section 21a-408d, as amended by this act, including requirements for
securing such plants to prevent access by any individual other than the
patient or the patient's caregiver, the location of such plants and any
other requirements necessary to protect public health or safety;
(5) Develop a distribution system for marijuana for palliative use that
provides for: Substitute House Bill No. 5329
Public Act No. 22-103 45 of 54
(A) Marijuana production facilities within this state that are housed
on secured grounds and operated by producers;
(B) The transfer of marijuana between dispensary facilities; and
(C) Distribution of marijuana for palliative use to qualifying patients
or their caregivers by dispensary facilities, hybrid retailers and delivery
services, as such terms are defined in section 21a-420, as amended by
this act; and
(6) Ensure an adequate supply and variety of marijuana to dispensary
facilities and hybrid retailers to ensure uninterrupted availability for
qualifying patients, based on historical marijuana purchase patterns by
qualifying patients.
Sec. 18. Subsection (a) of section 21a-246 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(a) No person within this state shall manufacture, wholesale,
repackage, supply, compound, mix, cultivate or grow, or by other
process produce or prepare, controlled substances without first
obtaining a license to do so from the Commissioner of Consumer
Protection and no person within this state shall operate a laboratory for
the purpose of research or analysis using controlled substances without
first obtaining a license to do so from the Commissioner of Consumer
Protection, except that such activities by pharmacists or pharmacies in
the filling and dispensing of prescriptions or activities incident thereto,
or the dispensing or administering of controlled substances by dentists,
podiatrists, physicians, physician assistants, advanced practice
registered nurses or veterinarians, or other persons acting under their
supervision, in the treatment of patients shall not be subject to the
provisions of this section, and provided laboratories for instruction in
dentistry, medicine, nursing, pharmacy, pharmacology and Substitute House Bill No. 5329
Public Act No. 22-103 46 of 54
pharmacognosy in institutions duly licensed for such purposes in this
state shall not be subject to the provisions of this section except with
respect to narcotic drugs and schedule I and II controlled substances.
Upon application of any physician or physician assistant licensed
pursuant to chapter 370, or an advanced practice registered nurse
licensed pursuant to chapter 378, the Commissioner of Consumer
Protection shall without unnecessary delay, (1) license such physician to
possess and supply marijuana for the treatment of glaucoma or the side
effects of chemotherapy, or (2) license such physician assistant or
advanced practice registered nurse to possess and supply marijuana for
the treatment of the side effects of chemotherapy. No person outside this
state shall sell or supply controlled substances within this state without
first obtaining a license to do so from the Commissioner of Consumer
Protection, provided no such license shall be required of a manufacturer
whose principal place of business is located outside this state and who
is registered with the federal Drug Enforcement Administration or other
federal agency, and who files a copy of such registration with the
appropriate licensing authority under this chapter.
Sec. 19. Section 21a-253 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
Any person may possess or have under his control a quantity of
marijuana less than or equal to that quantity supplied to him pursuant
to a prescription made in accordance with the provisions of section 21a-
249 by (1) a physician licensed under the provisions of chapter 370 and
further authorized by subsection (a) of section 21a-246, as amended by
this act, by the Commissioner of Consumer Protection to possess and
supply marijuana for the treatment of glaucoma or the side effects of
chemotherapy, or (2) a physician assistant licensed under the provisions
of chapter 370, or an advanced practice registered nurse licensed under
the provisions of chapter 378, and further authorized by subsection (a)
of section 21a-246, as amended by this act, by said commissioner to Substitute House Bill No. 5329
Public Act No. 22-103 47 of 54
possess and supply marijuana for the treatment of the side effects of
chemotherapy.
Sec. 20. Section 7 of public act 21-9 is repealed and the following is
substituted in lieu thereof (Effective July 1, 2022):
(a) As used in this section:
(1) "Advanced practice registered nurse" means an advanced practice
registered nurse licensed pursuant to chapter 378 of the general statutes;
(2) "Physician" has the same meaning as provided in section 21a-408
of the general statutes, as amended by this act;
(3) "Physician assistant" has the same meaning as provided in section
21a-408 of the general statutes, as amended by this act;
[(3)] (4) "Qualifying patient" has the same meaning as provided in
section 21a-408 of the general statutes, as amended by this act; and
[(4)] (5) "Written certification" has the same meaning as provided in
section 21a-408 of the general statutes, as amended by this act.
(b) Notwithstanding the provisions of sections 21a-408 to 21a-408n,
inclusive, of the general statutes, as amended by this act, or any other
section, regulation, rule, policy or procedure concerning the certification
of medical marijuana patients, a physician, physician assistant or
advanced practice registered nurse may issue a written certification to a
qualifying patient and provide any follow-up care using telehealth
services during the period beginning on the effective date of this section
and ending on June 30, 2023, provided all other requirements for issuing
the written certification to the qualifying patient and all recordkeeping
requirements are satisfied.
Sec. 21. Section 21a-420d of the 2022 supplement to the general
statutes is repealed and the following is substituted in lieu thereof Substitute House Bill No. 5329
Public Act No. 22-103 48 of 54
(Effective from passage):
(a) There is established a Social Equity Council, which shall be within
the Department of Economic and Community Development for
administrative purposes only.
(b) The council shall consist of fifteen members as follows:
(1) One appointed by the speaker of the House of Representatives,
who has a professional background of not less than five years working
in the field of either social justice or civil rights;
(2) One appointed by the president pro tempore of the Senate, who
has a professional background of not less than five years working in the
field of either social justice or civil rights;
(3) One appointed by the majority leader of the House of
Representatives, who has a professional background of not less than five
years working in the field of economic development to help minority-
owned businesses;
(4) One appointed by the majority leader of the Senate, who has a
professional background of not less than five years in providing access
to capital to minorities, as defined in section 32-9n;
(5) One appointed by the minority leader of the House of
Representatives, who is from a community that has been
disproportionately harmed by cannabis prohibition and enforcement;
(6) One appointed by the minority leader of the Senate, who has a
professional background of not less than five years in providing access
to capital to minorities, as defined in section 32-9n;
(7) One appointed by the chairperson of the Black and Puerto Rican
Caucus of the General Assembly; Substitute House Bill No. 5329
Public Act No. 22-103 49 of 54
(8) Four appointed by the Governor, one who is from a community
that has been disproportionately harmed by cannabis prohibition and
enforcement, one who has a professional background of not less than
five years working in the field of economic development and one who
is an executive branch official focused on workforce development;
(9) The Commissioner of Consumer Protection, or the commissioner's
designee;
(10) The Commissioner of Economic and Community Development,
or the commissioner's designee;
(11) The State Treasurer, or the State Treasurer's designee; and
(12) The Secretary of the Office of Policy and Management, or the
secretary's designee.
(c) In making the appointments in subsection (b) of this section, the
appointing authority shall use best efforts to make appointments that
reflect the racial, gender and geographic diversity of the population of
the state. All appointments shall be made not later than [thirty days after
the effective date of this section] July 30, 2021, and the Governor shall
appoint the chairperson of the council from among the members of the
council. Members appointed by the Governor shall serve a term of four
years from the time of appointment and members appointed by any
other appointing authority shall serve a term of three years from the
time of appointment. The appointing authority shall fill any vacancy for
the unexpired term. The Governor shall appoint an interim executive
director to operationalize and support the council until,
notwithstanding the provisions of section 4-9a, the council appoints an
executive director. Subject to the provisions of chapter 67, and within
available appropriations, the council may thereafter appoint an
executive director and such other employees as may be necessary for the
discharge of the duties of the council. Substitute House Bill No. 5329
Public Act No. 22-103 50 of 54
(d) A majority of the members of the council shall constitute a
quorum for the transaction of any business. The members of the council
shall serve without compensation, but shall, within available
appropriations, be reimbursed for expenses necessarily incurred in the
performance of their duties. Any member who fails to attend three
consecutive meetings held after the effective date of this section, or who
fails to attend fifty per cent of all meetings held during any calendar
year beginning on or after January 1, 2023, shall be deemed to have
resigned from office. The appointing authority shall fill the vacancy for
the unexpired term of any member who is deemed to have resigned
from office under this subsection, and shall use best efforts to ensure
such appointment reflects the racial, gender and geographic diversity of
the population of the state.
(e) The council may (1) request, and shall receive, from any state
agency such information and assistance as the council may require; (2)
use such funds as may be available from federal, state or other sources
and may enter into contracts to carry out the purposes of the council,
including, but not limited to, contracts or agreements with Connecticut
Innovations, Incorporated, constituent units of the state system of
higher education, regional workforce development boards and
community development financial institutions; (3) utilize voluntary and
uncompensated services of private individuals, state or federal agencies
and organizations as may, from time to time, be offered and needed; (4)
accept any gift, donation or bequest for the purpose of performing the
duties of the council; (5) hold public hearings; (6) establish such
standing committees, as necessary, to perform the duties of the council;
and (7) adopt regulations, in accordance with chapter 54, as it may deem
necessary to carry out the duties of the council.
(f) The council shall promote and encourage full participation in the
cannabis industry by persons from communities that have been
disproportionately harmed by cannabis prohibition and enforcement. Substitute House Bill No. 5329
Public Act No. 22-103 51 of 54
(g) Not later than forty-five days after June 22, 2021, or at a later date
determined by the council, the council shall establish criteria for
proposals to conduct a study under this section and the Secretary of the
Office of Policy and Management shall post on the State Contracting
Portal a request for proposals to conduct a study, and shall select an
independent third party to conduct such study and provide detailed
findings of fact regarding the following matters in the state or other
matters determined by the council:
(1) Historical and present-day social, economic and familial
consequences of cannabis prohibition, the criminalization and
stigmatization of cannabis use and related public policies;
(2) Historical and present-day structures, patterns, causes and
consequences of intentional and unintentional racial discrimination and
racial disparities in the development, application and enforcement of
cannabis prohibition and related public policies;
(3) Foreseeable long-term social, economic and familial consequences
of unremedied past racial discrimination and disparities arising from
past and continued cannabis prohibition, stigmatization and
criminalization;
(4) Existing patterns of racial discrimination and racial disparities in
access to entrepreneurship, employment and other economic benefits
arising in the lawful palliative use cannabis sector as established
pursuant to chapter 420f; and
(5) Any other matters that the council deems relevant and feasible for
study for the purpose of making reasonable and practical
recommendations for the establishment of an equitable and lawful
adult-use cannabis business sector in this state.
(h) Not later than January 1, 2022, the council shall, taking into
account the results of the study conducted in accordance with Substitute House Bill No. 5329
Public Act No. 22-103 52 of 54
subsection (g) of this section, make written recommendations, in
accordance with the provisions of section 11-4a, to the Governor and the
joint standing committees of the General Assembly having cognizance
of matters relating to finance, revenue and bonding, consumer
protection and the judiciary regarding legislation to implement the
provisions of this section. The council shall make recommendations
regarding:
(1) Creating programs to ensure that individuals from communities
that have been disproportionately harmed by cannabis prohibition and
enforcement are provided equal access to licenses for cannabis
establishments;
(2) Specifying additional qualifications for social equity applicants;
(3) Providing for expedited or priority license processing for each
license as a retailer, hybrid retailer, cultivator, micro-cultivator, product
manufacturer, food and beverage manufacturer, product packager,
transporter and delivery service license for social equity applicants;
(4) Establishing minimum criteria for any cannabis establishment
licensed on or after January 1, 2022, that is not owned by a social equity
applicant, to comply with an approved workforce development plan to
reinvest or provide employment and training opportunities for
individuals in disproportionately impacted areas;
(5) Establishing criteria for a social equity plan for any cannabis
establishment licensed on or after January 1, 2022, to further the
principles of equity, as defined in section 21a-420, as amended by this
act;
(6) Recruiting individuals from communities that have been
disproportionately harmed by cannabis prohibition and enforcement to
enroll in the workforce training program established pursuant to section
21a-421g; Substitute House Bill No. 5329
Public Act No. 22-103 53 of 54
(7) Potential uses for revenue generated under RERACA to further
equity;
(8) Encouraging participation of investors, cannabis establishments,
and entrepreneurs in the cannabis business accelerator program
established pursuant to section 21a-421f;
(9) Establishing a process to best ensure that social equity applicants
have access to the capital and training needed to own and operate a
cannabis establishment; and
(10) Developing a vendor list of women-owned and minority-owned
businesses that cannabis establishments may contract with for necessary
services, including, but not limited to, office supplies, information
technology infrastructure and cleaning services.
(i) Not later than August 1, 2021, and annually thereafter, the council
shall use the most recent five-year United States Census Bureau
American Community Survey estimates or any successor data to
determine one or more United States census tracts in the state that are a
disproportionately impacted area and shall publish a list of such tracts
on the council's Internet web site.
(j) After developing criteria for workforce development plans as
described in subdivision (4) of subsection (h) of this section, the council
shall review and approve or deny in writing any such plan submitted
by a producer under section 21a-420l or a hybrid-retailer under section
21a-420u, as amended by this act.
(k) The council shall develop criteria for evaluating the ownership
and control of any equity joint venture created under section 21a-420m,
as amended by this act, [or] 21a-420u, as amended by this act, or section
5 of this act and shall review and approve or deny in writing such equity
joint venture prior to such equity joint venture being licensed under
section 21a-420m, as amended by this act, [or] 21a-420u, as amended by Substitute House Bill No. 5329
Public Act No. 22-103 54 of 54
this act, or section 5 of this act. After developing criteria for social equity
plans as described in subdivision (5) of subsection (h) of this section, the
council shall review and approve or deny in writing any such plan
submitted by a cannabis establishment as part of its final license
application. The council shall not approve any equity joint venture
applicant which shares with an equity joint venture any individual
owner who meets the criteria established in subparagraphs (A) and (B)
of subdivision (48) of section 21a-420, as amended by this act.
(l) The Social Equity Council shall, upon receipt of funds from
producers in accordance with subdivision (5) of subsection (b) of section
21a-420l, develop a program to assist social equity applicants to open
not more than two micro-cultivator establishment businesses in total.
Producers shall provide mentorship to such social equity applicants.
The Social Equity Council shall, with the department, determine a
system to select social equity applicants to participate in such program
without participating in a lottery or request for proposals.